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HomeMy WebLinkAbout10-18-2000 City Council Agenda Packet AGt REGULAI KEEP ONE YEAR SARATOGA C OCTOBER 18, 2000 OPEN SESSION-5:55 P.M. ADMINISTRATIVE CONFERENCE ROOM - 13777 FRUITVALE AVENUE COMMISSION INTERVIEWS 5:55 p.m. 6:05 p.m. 6:15 p.m. Donald Johnson Ci Ci O'Donnell Ruth Gipstein Library Commission Library Commission Library Commission ADJOURNED TO CLOSED SESSION - 6:30 P.M. MAYOR'S REPORT ON CLOSED SESSION Conference with Legal Counsel re: Existing Litigation (Gov't Code 54956.9(a)). Name of Case: City of Saratoga v. West Valley College Santa Clara County Superior Court No. Doc. CIV756340. REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE. PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on October 13, 2000) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions - None Written Communications - One Item Correspondence from Saratoga Union School District. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. CEREMONIAL ITEMS None CONSENT CALENDAR lA. Approv. al of Council Minutes. of: September 20 - Regular Meeting Recommended action: Approve submitted minutes. lB. Review of Check Register. Recommended action: Note and file. lC. Review Planning Commission Actions Minutes- October 11, 2000. Recommended action: Note and file. ID. Approval of Joint Meeting Minutes - Library Expansion Project. Recommended action: Approve submitted minutes. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting) Construction hours ordinance. Recommended action: Open public heating; accept public testimony; close hearing. OLD BUSINESS o Approval of summary vacation - property located at 14440 Esterlee Avenue. Recommended action: Adopt resolution vacating the remaining portion of Esterlee Avenue. 4. Authorization to City Manager to execute amendments to Hakone Gardens Lease Agreement. Recommended action: Adoptresolution to authorize execution of amendments to agreement. NEW BUSINESS Technology Master Plan. Recommended action: Accept report and direct staff accordingly. o City's use of pesticides. Recommended action: Informational only. o Consideration of Request for Increased Traffic Patrol serVices. Recommended Action: Adopt resolution increasing traffic patrol services. · . Appointment of one (1) City Councilmember to serVe on the Gateway Task Force. Recommended action: Appoint one (1) C0uncilmember to Task Force. CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) SCHEDULED CITY COUNCIL MEETINGS October 24, 2000 Adjourned Meeting/Joint Session CANCELLED November 1, 2000 Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California 7:00 p.m. November 15, 2000 Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California 7:00 p.m. December 6, 2000 Regular Meeting/Reorganization Council Chambers 13777 Fruitvale Avenue. Saratoga, California 7:00 p.m. December 12, 2000 Adjourned Meeting CANCELLED December 20, 2000 Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California 7:00 p.m, December 26, 2000 Adjoumed Meeting CANCELLED SARATOGA CITY COUNCIL MEETING DATE: October 18, 2000 AGENDA ITEM: ORIGINATING~I)EPT: City Manager CITY MANAGER: ~~~ SUBJECT: Commission Interviews for Finance Commission & Library Commission RECOMMENDED ACTION: That Council conduct interviews. REPORT SUMMARY: The following people have been scheduled for interviews: 5:55 p.m. 6:05 p.m. 6:15 p.m. Donald Johnson Ci Ci O'Donnell Ruth Gipstein Library Commission Library Commission Library Commission There is one vacancy to be filled on the Finance Commission to replace Allen Roten. Unfortunately, no applications were received. This vacancy will be advertised again in the Saratoga News. The expiration date for this vacancy is October 1, 2003. There are three vacancies to be filled on the Library Commission for expired terms of Ruth Gipstein, Ci Ci O'Donnell and Sally Towse. Ms. Gipstein and Ms. O'Donnell are both eligible to be reappointed. The terms of these vacancies will expire on October 1, 2004. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments will not be made to the Finance and Library Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTIONS: Adopt resolutions and administer Oath of Office at the November 1, 2000 City Council Meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Applications of the above named applicants. 2 of 3 CI'I"t O1- ~AbL-X 1 COMMISSION APPLICATION FORM COMMISSION .~PLYING FOR: MR.- TELEPHONE' HOME \VORK ';EAR YOU BECA_ME A SARATOGA RESIDENT: WOULD YOU BE .ABLE TO ATTEND DAYTIME MEETINGS? Va,~ · WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? BRIEFLY DESCRIBE YOUR IN%'OLVEMENT IN EACH OF THESE ARE.-\S CURRENT OCCU'PATION AND EMPLOYMENT HISTORY: EDUCATIONAL BACKGROUND: O~ I~I"L A t~' D. M.!;. : ADDITIONAL INTORMATION OR COMMENTS: 0_../"-/, I~FEKENCE$: PRINT NAME: Z~O ~j R L. D H. _U_~Dt/N$Oh[ 5 CIT~i Ok ~AR_.-k I Ok, A COMMISSION APPLICATION FOR.'M DATE:, ..~.~ ~ ! COMMISSION APPLYING FOR: ; , ~,,- ,-~_,,- , MR. TELEPHONE: ("~c: ~ ) ,,c ~--,7- ~v ~-.'/-' HOME WORK YEAR YOU BECA2viE A SARATOGA RESDENT: t- /,,0 ,~ .fi WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? ,/ WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? tx'"'" .s,. BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: EDUCATIONAL BACKGROUND: ADDITIONAL INFORMATION OR COMMENTS: ~o....',..,',~..,.,..~ r,.,_.¢,,..~,::..,.. ,...z Z ,,,~ ,,..~. ,~-,.., 4 REFERENCES: 5 DATE; ~.~./, ',/ ~' /. COMMISSION APPLYING FOR: MS. MR. TELEPHONE: Cl'f'~ Ot- SAR_& 1 {)GA COMMISSION APPLICATION FORM t. HOME .ADDRESS: //-,~ 7~ .i ,. YOU BECAME A SA~R-ATOGA RESDENT: WORK WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: EDUCATIONAL BACKGROUND: , ADDITIONAL INFORMATION OR COMMENTS: 4 REFERENCES: PRINT NAME: SIGNATURE: SARATOGA CITY COUNCIL MEETING DATE: October 18, 2000 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: ~~~~----~ PREPARED BY:. DEPT HEAD: /~ _ ~ Z2 ~/I/J SUBJECT: Correspondence from the Saratoga Union School District. RECOMMENDED ACTION: Review the attached correspondence and direct staff to prepare a response letter to the School District. REPORT SUMMARY: As part of the Cooperation Agreement entered into by the City and the Saratoga Union School District during the Saratoga Elementary School expansion review process, the School District has agreed to notify the City Council if any of the eucalyptus trees within the playground area are to be removed. As the City Council is aware, one of the two largest eucalyptus trees was removed earlier this year without notifying ~the City. The School District has apologized for this previous oversight, and is now notifying the City Council of their intention to remove a smaller eucalyptus tree based on their arborist's recommendation. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS: Council would accept the letter and not provide a response back to the School District. ALTERNATIVE ACTIONS: None. The City FOLLOW UP ACTION: Staff will prepare a response letter to the School District for their October 24 Board of Trustees meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: 1. Arborist report dated October 6, 2000 2. Cooperation Agreement Saratoga Union" SChool District "Engaging Hearts and Minds" 20460 Forrest Hills Drive .'Saratoga, CaliJbrnia 95070 Tel. 408.867.3424 · FAX408,867.2312 · w~e. susd. kl2.ca, us October 11, 2000 James Walgren, City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Walgren, Copies of the report from arborist Deborah Ellis regarding tree #4 at Saratoga School are attached. Please distribute these copies to the City Council members. The Saratoga Union School District Board of Trustees will address this at their regularly scheduled meeting October 24m, between 7:45 and 8:15 p.m. Please advise us if someone from the city will attend. Sincerely, Mary G~4td~'er ' Superintendent Enclosures .Saratoga School, Row Euc #4. D. Ellis, 1016i00. Deborah Ellis, ASCA Consulting Arb~rist-& HorticUlturist In a 515100 letter to you regarding the Row Eucs, I mention again that none of the remaining Row Eucs have good structure, that they function as a grove, and that Row Euc #1 has the best structure. In my inspection report dated 5125100 (soon after Row Eucs #2 & #3 were removed), I mention that now it is possible to more easily see the poor structure of Row Euc #4. I state that I am not comfortable with this tree in a playground area, since it is a new "edge tree". I took a photo of the tree on.this day, which is shown at left. In my 8/15100 inspection.report I note that John Williams of Turner Construction i-equested that Row Euc #4 be removed, and I agreed. At that time I was still hoping to "trade" the Row Eucs for Big Euc #2 (since removed). On my 9/6100 Tree Protection Inspection Form (which I use to create the inspection report), I noted that Row Euc #.4 seemed to be splaying out more (the branches seemed to be farther apart in fan-like fashion). In.my last inspection report of 9/19100 I mention again that I still think Row Euc #.4 should be removed. The bottom line now however, is really this tree's present condition. Large epicormic shoots4 that have attained a diameter of 3 to 6 inches arise from just below large topping cuts on the main trunk and scaffold branches. The tree is much more exposed now, and additional foliage is growing on branches that were previously shaded, increasing the weight on these branches. I think that the branches are splaying more than they have previously, due to their new exposure, possible increase in weight and the fact that removal of the adjacent trees happened almost all at once. I fear that there will be many branch failures from this tree, particularly during the winter months when we have storms or strong winds. As for keeping Row Euc #1, this tree has experienced some "edge effect" on its Northwest side (the side facing Oak Street) and the direction in Which the rest of the Row Eucs are or were located. I think the edge effect is less than that of the interior trees, hoWever. If you want to be perfectly safe, you will remove this tree. If you wa,n,t to compromise safety somewhat and keep the tree, then you can have McClennahan "crown clean' prunes it, as his company did with Row Eucs #1 and #2. As I've mentioned a Epicormics: secondary, upright vegetative shoots arising from just beneath the bark of the trunk or branches of a plant. Also called watersprouts. They are usually weakly attached because they are not anchored deeply inside the parent member, as are branches of normal growth. Excessive epicormics can be a symptom of tree decline - the tree is trying to make up for the excessive loss of food-manufacturing tissue from excessive pruning, disease or insect infestation. 5 Crown cleanin.q prunin.q: a type of pruning that removes dead, dying, diseased, crossing, rubbing, hazardous branches and excessive watersprouts from a tree. P.O. Box 3714, saratoga, CA 9.5070-1'714 · (408) 7.25~1 357 Voice & Fax 2 Saratoga School. Row Euc #4. D. Ellis, 10/6/00. Deborah Ellis, ASCA Consulting Arborist & Horticulturist before for the two Big Eucs, Row Euc #1 could be evaluated for hazard and pruning needs on an annual basis. Any necessary pruning could be done during the winter months. I hope this information has been at least somewhat helpful. Please call me if you have questions. Sincerely, Deborah Ellis, MS. Consulting Arborist & Horticulturist W.C.I.S.A. Certified Arborist #-457, ASCA Registered Consulting Arboris~305, ACFE #14370 Enclosure: · Photo of ROW Euc ~ taken 5/25/00. P.O. Box 371,4. Saratooa. CA 95070-171,4 · (408/ 725-1357 Voice & Fax COOPERATION AGI;J~EMENT THIS COOPERATION AGREEMENT is entered into on this '~'~'day of ~ 1999, by and between the Saratoga Union School District (hereinafter referred to as - "District") and the City of Saratoga (hereinafter referred.tO as "City"). A, District is in the process of remodeling and renovating the Saratoga Elementary School and the Redwood Middle School (hereinafter collectiVely referred to as "Projects") located in the City. ** B, District has adOpted negative declarations for the Projects pursuant to the California Environmental Quality Act and determined that the ProjeCts will not cause a significant impact on the environment. C, City and residents of City have expressed concems about Increased traffic at the schools and the removal of eucalyptus trees on the elementary school site. D. City and District believe it Is in the public interest to work COoperatively to address and remedy the concerns of City and the residents. NOW, THEREFORE, in COnsideration ofthe recitals and mutual promises COntained herein, City and District agree as follows: 1, Redwood Middle School Prolect. The District will take the following actions to improve the existing traffic situation on the middle school site: a, The District will implement the circulation plan recommended in the April 21, 1999, Redwood Middle School Transportation StUdY prepared by Wilbur Smith Associates. (A copy of the proposed circulation plan is attached hereto and incorporated .herein as Exhibit "A'.) b. The District will close the driveway from the middle school parking lot onto Allendale Avenue and shall not open it again without working in cooperation with the City to assure that it Is necessary to reopen it. c. The District will undertake a feasibility study of adding a separate turn lane on Fruitvale Avenue into the Redwood 'Middle School parking lot. If this strategy is determined to be effective by District, the Distdct will implement it, d. The District will condUct a feasibility study of each of the strategies and actions suggested on pages 16 and 17 in the Wilbur Smith Associates Report dated April SUSD\COO~I~9.kTIONI~L6.3.99 21, 1999, to identify and evaluate measures to further improve traffic circulation and congestion at Redwood Middle School. The District shall provide the City with a COpy of the study not later than January 15, 2001. To the extent the study demonstrates that particular measures studied are feasible and will reduce the queuing problem and/or improve traffic circulation and congestion at Redwood Middle School, the District will then implement a program to reduce traffic problems in accordance with the study. The program may include such measures as staggered arrival and dismissal times for students, encouragement of carpools, and implementation of a suggested route to school plan which would encourage students to bike and walk to school. The District will also study the possibility of implementing bus service. The District shall implement the bus service If it is deemed by the District to be effective and economically feasible. e. After five years from the date of this Agreement, ifthe City notifies the District in writing that traffic is still a problem at the Redwood Middle School. the District shall undertake a feasibility study of using the end of Allendale Avenue as a secondary drop off and pick up spot at Redwood Middle School. This District shall provide the City with a copy of the study within six months from the date the City notifies the District. If this solution is considered to be effective by District, the City and District will cooperatively work together to implement the project, it being the intent of the parties that the District and City shall share the costs on an equal basis and that the project be implemented within three years from the completion of the study. " 2. S~aratoaa Elementary School Pro_lect., The District and .the City shall take the following steps to alleviate the existing traffic conditions at the elementary school site and protect the eucalyptus trees on the site: a. Traffic. i) The Distdct will eliminate student drop-off and pick-up on Komi~a Avenue. ii) The DiStrAct will widen Oak Street by two and one-half feet (2.5') on the east side adjaCent to the school between Komina Avenue and the school driveway. This will provide a standard sized eight-foot (8') curbside passenger loading zone and an eleven-foot (11') travel lane which will enable northbound motorists to pass loading vehicles without crossing the centerline of Oak Street. iii) The District will undertake a feasibility study of each of the strategies and actions suggested by Wilbur Smith Associates to further improve traffic circulation and congestion in the Saratoga Elementary School Transportation Study dated April 21, 1999, a copy of which is attached hereto and' Incorporated herein as ~. Those strategies include the implementation of bus services to and from the school, encouragement of parents to voluntarily arrive earlier than the school start time and later than the school dismissal time and the promotion of carpooling for students and teachers. The District shall provide the City with a.copy of the study not later than January 15, 2001: If any of these strategies except bus service are determined to be effective by District, the SUSD~COOPERATIONPNL6.3.99 2 District will implement the strategies accordingly. The Distdct will implement bus service if it is determined by District to be effective and economically feasible. iv) The City will restripe Oak Street between Komina Avenue and the school driveway as a double-yellow line such that there is eighteen, feet (18') on the southbound direction of Oak Street and nineteen feet (19') on the northbound direction of Oak Street prior to August 1, 2000,' to accommodate the ensuing .school year. This assumes the 2-5 foot widening of Oak Street in front of the school provided above. Between the school ddVeway and Third Street, where the cross-section is only 30 feet, the centerline should be positioned such that'th~ere is eighteen feet (18')in the southbound direction and twelve feet (12') in northbound direction. (See item v, below.) v) The City.will .establish a no parking zone between the end of the Oak Street passenger loading zone and the' entrance of the omSite parking lot to minimize conflicts between vehicles entering and eXiting the Oak Street passenger loading zone and the parking lot. vi) The City will initiate meetings with the affected residents to consider restricting parking on the west side of Oak. Street between 8.a.m. and 4 p.m. for the approximately one hundred fifty feet (150') where the southbound lane is narrow and immediately across from the entrance to the on-site parking lot. vii) The City will post signs on Komina Avenue prohibiting passenger loading and unloading and the District will make reasonable efforts to discourage employees from parking on Oak Street, including, but not limited to, giving employees notice at the beginning of each school year of the District's policy restricting employee parking on Oak Street. b. Trees. i) The District has stated its intent to retain the four (4) eucalyptus trees located closest to the Saratoga Tennis Club and to temporarily retain the two larger eucalyptus trees located on the playgrOund. The trees are depicted in Exhibit "C" attached hereto and incorporated herein by reference.-The District has further stated its intention to hire a certified arborist in May 2000 to provide a written assessment of the impacts of the construction on the trees 'along with any recommendations regarding the need to remove any tree(s). When the report is received by the District, the District will forward a copy of the report to the City. In addition, the District will be holding a hearing at a regUlar meeting of the Board to discuss the recommendations presented therein. To allow the City sufficient time to review the report, the District will not place the matter on their agenda any eadier than three weeks following receipt of the report and the forwarding of the report to the City. At the Board's headng, the Board will determine whether to retain or remove any of the trees. SUSD\COOPERATIONFNL6.3.99 ii) During the renovation of the school, the District will require all contractors engaged in any excavation or grading at or near the trees (the *Affected Contractors") shall be required to exercise,special care to protect the root system of all' of' the eucalyptus trees set forth in ~xhibit "C-_1" and "C-2" based on the recommendations of the District's arborist as described in ~ attached hereto and incorporated herein by this reference. i11) If any Affected Contractor negligently, recklessly, or Intentionally causes destruction of either of the two (2)large eucalyptus tree as set'forth In Exhibit"C-1" during construction, the Distdct is requiring the payment of Twenty-Five Thousand Dollars ($25,000.00) per tree as a penalty. The Districtwili not issue a Notice of Completion nor release any retentions held under the District's contracts with any Affected Contractor until the District's arborist has determined that no penalties are due under this provision. In addition to any other legally required performance and/or labor and materials bonds required by the District, Affected Contractors shall provide that their performance bonds include coverage for the tree protection measures contemplated by this agreement. Any penalty monies collected by the District will be applied by the District toward replacement trees of at least three (3) trees for each tree lost. iv) The District shall prepare the project specifications sent out to all contractors to detail the tree'protection measures as established by the District's arbofist (See Exhibit"D"). Ali Affected Contractors coming onto the site during construction will be required to strictly adhere to the tree protection measures. 3. _Continued Coor~eration. In order to address any concerns in the future regarding traffic and construction issues at the schools, the District will appoint a liaison person to meet and confer with the City's liaison person' from the City's Public Safety Commission. The appointed individuals will work out any arrangements necessary to provide open discussion about mutual public safety problems between the City and District, including, but not limited to, reporting to the City's Public Safety Commission, City Council or District Board of Directors. As a further measure of the spirit of cooperation envisioned in this agreement, the City CoUncil and the District Board of Directors will consider appointing one member from each elected body to meet at the discretion of the two appointed members to foster greater cooperation and understanding between the two public agencies. In addition, the City CoUncil has expressed a need for further clarification of proposed effectiveness of the traffic measures set out in this agreement. To assist the Council, the District will make a representative of the Wilber Smith Associates available to answer the Council's questions regarding the traffic reports referenced in Sections l(a) and 2(a)(3) of this agreement at a time and place selected by the Council. SUSD~COOI~.ATIONFN L~,3.99 4. Notices. All notices required hereunder may be given by personal delivery; U.S. ' mail, courier service (e,g., Federal Express) or telecopier transmission. Notices shall be effective upon receipt at the following addresses: CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1200 FAX (408) 868-1280 Attn: City Manager SARATOGA. UNION DISTRICT: 20460 Forrest Hills .Drive Saratoga, CA 95070 .(408) 867-3424 FAX (408) 867-7959 Attn: Superintendent SCHOOL If notice of any change in address, telephone number or facsimile number is given to any Party, the other Parties shall send future notices pursuant to this Section to the amended address, telephone number or facsimile number. 5. Integrated Aqreement This Agreement supersedes any prior agreement, whether written or oral and shall be effective once it is fully executed by all Parties. 6. Effective Date. This Agreement will become effective upon its execution by all the Parties. 7. No Admissions Made. This is an Agreement of compromise. Accordingly, the Parties agree that none of its provisions conStitute, or shall be construed as, an admission or as evidence concerning the validity of the approval of the Negative Declarations filed by the District. The Parties also agree that nothing contained in this Agreement shall be admissible in any litigation other than litigation to enforce its provisions. In consideration of the actions the District will take pursuant to this agreement, the City agrees that it will not institute any litigation challenging the negative declarations prepared for the RedwoOd Middle School or Saratoga Elementary school projects. 8. Counterpart Originals. This Agreement may be executed in any number of counterparts, and each of these executed counterparts shall have the same force and effect as an original instrument and as if all of the Parties to the aggregate counterparts had signed the same instrument. 9. Further Assurances. The Parties shall execute, acknowledge, and deliver such additional documents or instruments as may be necessary to-carry out the intent of this Agreement, including, but not limited to, those expressly referred to in this Agreement. The Parties agree that this Agreement cannot reasonably anticipate all factors and events which may occur in the construction of the schools and implementation of the traffic measures. Accordingly, the Parties agree to cooperate with one another to resolve any and all future disputes to the end that the construction occurs in a timely manner and within budget and thatthe traffic mitigations are implemented to be as effective as possible, and SUSD\COOPERATIONFNL6.3.99 5 that all other provisions of this Agreement intended to benefit the City and District are performed. .. 10. Construction by California Law. This Agreement is entered into in the State of California and shall be construed and interpreted in accordance with its laws. 11. Representation of Comprehension of Documents. In entering into this Agreement, the Parties represent that they have relied upon the legal advice of their attorneys who are the attorneys of their choice. The Parties further represent that the terms of this Agreement have been completely read by and explained to them by their attorneys, and that they fully understand and voluntarily accept those terms: 12. Authorship. Each Party and counsel for each Party has reviewed and revised this Agreement, and accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or any amendment of it. 13. Authority to Execute. Each of the Parties represents and warrants that each has full power to enter into .this Agreement and that no portion of the claims covered by the releases have been assigned, encumbered, or transferred. 14. Entire A,qreement: Amendment. This Agreement contains the entire Agreement between the Parties with regard to the matters set forth. This Agreement may be amended or modified only by an agreement in writing executed in the same manner .as this Agreement. 15. Exhibits. All exhibits appearing in the text of this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this agreement at the place and as of the date first appearing above. SARATOGA UNION SCHOOL DISTRICT Cindy Rub~President/o/ CITY OF SARATOGA TITLE: ]'~. Cx ~ O I~ SUSD\COOPERATIONFNL6.3.99 6 SARATOGA CITY COUNCIL MEETING DATE: October 18, 2000 ORIGINATING ..~D~..E ~P_T:...Ci._.ty,~.M~_~ger AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes as submitted for the following City Council Meeting: Regular Meeting - September 20, 2000 REPORT SUMMARY: N/A FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - September 20, 2000 City Council Minutes September 20, 2000 MINUTES SARATOGA CITY COUNCIL SEPTEMBER 20, 2000 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue, at 6:00 p.m. Conference with Legal Counsel re: Existing Litigation (Gov't Code 54956.9(a)). Name of Case: City of Saratoga v. West Valley College (Santa Clara County Superior Court No. Doc. CIV756340. Conference with Legal Counsel re: Invitation of Litigation (Gov't Code 54956.9(c )) Number of cases: 2 Mayor's Report on Closed Session - Mayor Bogosian reported there was Council discussion but no action was taken. Mayor Bogosian called the regular meeting to order at 7:08 p.m. and requested Councilmember Waltonsmith, to lead the Pledge of Allegiance. ROLLCALL PRESENT: Ann Waltonsmith, Evan Baker, Nick Streit, John Mehaffey, Mayor Stan Bogosian. ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Jo Walker, Director of Administrative Services John Cherbone, Director of PubliC Works James Walgren, Director of Community Development Paula Reeve, Senior Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 20, 2000. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of September 20, 2000 was properly posted on September 15, 2000. Mayor Bogosian read a prepared written statement concerning public safety in the City of Saratoga. Mayor Bogosian expressed that public safety is the number one responsibility of city government. He noted that during the past week, serious concerns of the citizens of the City of Saratoga, has lead to the public forefront of public discussion. City Council Minutes ~ - Mayor Bogosian explained that there are two areas of concern:. 1..Prides Crossing Neighborhood - speeding and cut through traffic/Cox Ave and Prospect Road. 2. Intersection of Fruitvale Avenue and Saratoga Avenue. September 20, 2000 Mayor Bogosian outlined the steps the City Council and City Staff are taking to control this problem: Prides Crossing Neighborhood 1. Meet with County Sheriff on September~-21, 2000, to discuss the present law enforcement efforts in clearly identifying pressure points of traffic in Saratoga. 2. Determine if additional coverage, using current staff, could be effective in that area. 3. Decide if hiring more law enforcement personnel is needed, 4. Possibility of placing photo radar in the neighborhoods. 5. Direct City Staff to meet one final time with the Prides Crossing residents to discuss what types of traffic control devises would be aesthetically apPropriate in their neighborhood. 6. Direct the traffic consultant to be available to answer any technical questions that might come up. Fruitvale Avenue/Saratoga Avenue 1. Magnetic sensor has failed. Direct John Cherbone, Director of Public Works to replace the sensor on non-school. traffic. Mayor Bogosian also noted that the quality efforts that our Law Enforcement Personnel have made over the years have resulted in making Saratoga One of the safest communities in the Bay Area. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None. WRITTEN COMMUNICATIONS None. ORAL COMMUNICATIONS The following people spoke at tonight's meeting: Bert Martell, 14420 Fruitvale Ave, requested that the City Council be fair to the people who have come here tonight to speak on item #5-Septic Abatement. He also noted that Councilmember Baker wrote an article in the newspaper regarding the septic ordinance and he failed to mention the he was the Vice Chair/West Valley Sanitation District. City Council Minutes September 20, 2000 Tracy Halgren, 14003 Chester Avenue, indicated she was representing the Bear Creek Redwood Preservation Project. Ms. Halgren briefly summarized the project and requested the City Council place this item on the agenda at the next meeting. Daphne Muchle, 3000 Sand Hill Road, Menlo Park, indicated that she represents Peninsula Open Space Trust (POST). She noted that POST has been following the Bear Creek Redwoods Project since 1977. She reported that recently POST took a $10 million dollar loan out and purchased the property in order to prevent any development on that land. So far they have raised $9,1786,344. She asked that the Council allow them to come back at the next meeting in hopes the City will financially support their efforts. Richard Balocco, Vice President/San Jose Water, 374 W. Santa Clara Street, San Jose, indicated City Staff requested him to be here to answer any questions regarding the merger between San Jose Water and American Water Works. Councilmember Baker asked Mr. Balocco to explain what the advantages would be to the residents under the new water distribution service. Mr. Balocco explained the following benefits that customers would now have: The merger would enable them to finance larger Capital Improvement Projects. Provide more sophisticated water quality resources. Excellent service. Centralized call system operating 24-hours a day. Councilmember Streit asked if this merger would increase or decrease the current rates. Mr. Balocco responded saying the Public Utility Commission regulates the rates so the current rates cannot increase. : Mayor Bogosian thanked Mr.' Balocco for coming tonight. Gloria Vandermate, 20 t 22 Chateau Drive, showed opposition to the septic abatement program. She noted that her septic tank is working well and does not feel she should have to hook up to the sewer line. Also, she is having a hard time trying to find a company to inspect her septic tank. No other people spoke at this time. CEREMONIAL ITEMS lA. PROCLAMATION - DECLARING OCTOBER 2000 "ESCROW MONTH IN CALIFORNIA". STAFF RECOMMENDATION: Read proclamation. Mayor Bogosian requested the proclamation be forwarded to the appropriate party. lB. City Council Minutes ~ September 20, 2000' .PROCLAMATION- DECLARING OCTOBER 15-22, 2000'"TEEN READ WEEK". STAFF RECOMMENDATION: ' Read proclamation. lC. Mayor Bogosian requested the proclamation be' forwarded to the.appropriate party COMMENDATION. FOR AL ROTEN - FINANCE COMMISSION. STAFF RECOMMENDATION: Read resolution. Mary Jo Walker,' Director of Administrative Services, presented staff report.. Director Walker noted that Mr. Roten is the longest standing member on the Finance Commission. He recently sold his house in Saratoga and is moving to the Sacramento area. Mayor Bogosian read the resolution. He noted he was able to work with Mr. Roten briefly when. he first became a Councilmember and observed that Mr. Roten was a very dedicated Commissioner. 1D. PROCLAMATION- DECLARING SEPTEMBER 17-23, 2000 "ADULT DAY CARE WEEK". STAFF RECOMMENDATION: Read proclamation. Mayor Bogosian read the proclamation and presented it to Karen Lorenz/Administrative Director/Saratoga Adult Day Care Center. Mayor Bogosian personally thanked the Adult Day Care Center, noting he has had several friends who have used this facility and it has helped tl~em tremendously. 1E. PROCLAMATION- DECLARING SEPTEMBER 18-24, 2000 "NATIONAL POLLUTION pREVENTION WEEK". STAFF RECOMMENDATION: Read proclamation. Mayor Bogosian requested the proclamation be forwarded to the appropriate party. City Council Minutes September 20, 2000 CONSENT CALENDAR 2A. REVIEW OF CHECK REGISTER. STAFF RECOMMENDATION: Council note and file check register. STREIT/MEHAFFEY MOVED TO NOTE & FILE CHECK REGISTER. MOTION PASSED 5-0. 2B. AUGUST TREASURER'S REPORT. STAFF RECOMMENDATION: Council accept the monthly Treasurer's Report. STREIT/MEHAFFEY MOVED TO ACCEPT AUGUST TREASURER'S REPORT. MOTION PASSED 5-0. 2C. ANDREW JACOBS, CLAIMANTi CLAIM NO. 99-006. STAFF RECOMMENDATION: Council reject claim. STREIT/MEHAFFEY MOVED TO REJECT CLAIM NO. 99-006. MOTION PASSED 5-0. 2D. REVIEW PLANNING COMMISSION ACTION MINUTES - SEPTEMBER 13, 2000. STAFF RECOMMENDATION: Council note & file action minutes. STREIT/MEHAFFEY MOVED TO NOTE & FILE ACTION MINUTES. MOTION PASSED 5-0. 2E. COUNCIL POLICY REGARDING.POLITICAL ACTIVITY BY CITY EMPLOYEES. STAFF RECOMMENDATION; Council adopt resolution. TITLE OF RESOLUTION: 00-048 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONCERNING PARTICIPATION IN POLITICAL ACTIVITIES BY PERSONS EMPLOYED BY THE CITY OF SARATOGA. 5 City Council Minutes September 20, 2000 Mayor Bogosian pulled Item 2E from the Consent Calendar. · .: ~ ·- . Mayor BogOsian addressed a question to the City Attorney. He.wanted to-know Why this policy was in the form of a resolution.' Richard Taylor, City Attorney, responded to Mayor Bogosian's question indicating that this resolution was a way to memorialize the Council's actionl Mr. Taylor also exPlained that the resolution and the att~,ched policy would be added to the City's-. personnel manual. Councilmember Mehaffey questioned Policy #8. Councilmember Mehaffey wanted an explanation on why the word "nonpartisan" was listed. "· Mr. Taylor explained that under the Hatch Act, employees financed by Federal funds couldn't run for office. BOGOSIAN/MEHAFFEY MOVED TO ADOPT RESOLUTION CONCERNING POLITICAL ACTIVITIES BY EMPLOYEES. MOTION PASSED 5-0. 2F. 2G. APPROVE CONGRESS SPRINGS PARK DESIGN PLAN 3B. STAFF RECOMMENDATION: Council approve original Plan 3B. STREIT/MEHAFFEY MOVED TO APPROVE CONGRESS SPRINGS ·PARK DESIGN PLAN 3B. MOTION PASSED 5-0. APPROVAL OF FINAL MAP - PROPERTY LOCATED AT 19101 VIA TESORA COURT. STAFF RECOMMENDATION: Council adopt resolution approving final map. TITLE OF RESOLUTION: SD-98-008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD-98-008 - 19101 VIA TESORA COURT (NAGPAL). STREIT/MEHAFFEY MOVED TO APPROVE FINAL MAP-19101 VIA TESORA COURT. MOTION PASSED 5-0. City Council Minutes September 20, 2000 .~ .~. 2H. APPROVAL OF FINAL MAP - PROPERTY LOCATED AT 12312 SARATOGA -SUNNYVALE ROAD. ~ STAFF RECOMMENDATION: Council adopt (2) resolutions approving final map and execute Subdivision Improvement Agreements. TITLE OF RESOLUTION: 00-047 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING TENTATIVE MAP NO. SD-99-005 - AZULE CROSSING; 12312 SARATOGA-SUNNYVALE ROAD. SD-99-005 -RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD-99~005 AZULE CROSSING, 12312 SARATOGA-SUNNYVALE AVENUE. Mayor Bogosian pulled Item 2H from the Consent Calendar. Mayor Bogosian expressed concern that after reviewing the information and the conditions of approval, he did not have a reasonable level of confidence that the commercial building was going to be in compliance with the agreement the Council signed in January with AzUle Crossing Inc. Mayor Bogosian indicated that tonigh~ Classic Communities are coming forward for approval of their final map for the residential portion and questioned how the City would guarantee that the commercial building is designed and. implemented in accordance with the Council's Decision. James 'Walgren, Director of Community Development, responded that the City approved the project as a whole, including detached and attached residential units in the back. ~ The residential portion of the project was approved in contingent on the approval of the commercial/office renovations. Director Walgren indicated that the City woUld not issue permits for the homes until the renovations on the commercial/office building were issued. 'Secondly, none of the homes will be approved or occupied until the commercial/office building is completed and approved. Mayor Bogosian indicated that he felt there were not enough safeguards provided to guarantee that Azule Crossing Inc. would comply with the conditions of approval. Director Walgren indicated that the City could require the developers to show reasonable progress and issue permits in phases. Also, he noted, that none of the residential units would be allowed to sell or occupy until the building/office building is City coUncil Minutes September 20, 2000 complete Councilmember Mehaffey expressed concern that this plot of land is Zoned commercial. He noted that commercial zoned'land doesn't allow single-family homes, but these · . unites proposed by Classic Communities are considered single-family homes. Director Walgren explained that in this case it is considered a multiple family project because of the lot size and the type of plan development it is. Mr. Taylor explained that the Council has no other option but to approve the ~.. the final map.. He noted-it was an administrative function of the Council. Mr. Taylor noted the final map is different from the planning and zoning issues that' Director Walgren is discussing. If during the process the Council is not satisfied, he noted, Azule's entire use permit could be pulled. Director Walgren noted that he would write a letter to the property owner indicating the Council's direction. WALTONSMITH/STREIT MOVED TO APPROVE FINAL MAP WITH DIRECTIONS TO STAFF. MOTION PASSED 5-0.' 2I. AUTHORIZATION TO CITY. MANAGER TO ExECUTE AGREEMENT WITH GILBANE BUILDING COMPANY FOR CONSTRUCTION MANAGEMENT SERVICES. STAFF RECOMMENDATION: Council authorize City Manager to execute agreement. STREIT/MEHAFFEY MOVED TO' AUTHORIZE EXECUTION OF AGREEMENT WITH GILBANE BUILDING CO. MOTION PASSED 5-01 APPROVE AMENDED AGREEMENT BETWEEN THE CITY OF sARATOGA AND DAVE ANDERSON, CITY MANAGER. STAFF RECOMMENDATION: Council approve amended agreement. Councilmember Mehaffey pulled Item 2J from the Consent calendar. Councilmember Mehaffey questioned if Mr. Anderson's benefits continue-if he is terminated or quits. Mr. Taylor indicated only the benefits that are allowed by the insurance company are available to Mr. Anderson if termination of his services occur~ City Council Minutes September 20, 2000 MEHAFFEY/STREIT MOVED TO AMEND AGREEMENT WITH THE CITY MANAGER. MOTION PASSED 5-0. 2K. ADOPT ORDINANCE UPDATING ARTICLE 2.45 OF THE SARATOGA MUNICIPAL CODE PURSUANT TO CHANGES TO THE PURCHASES POLICY AND PROCEDURE. STAFF RECOMMENDATION: Council adopt ordinance. STREIT/MEHAFFEY MOVED TO ADOPT ORDINANCE UPDATING ARTICLE 2.45 OF THE SARATOGA MUNICIPAL CODE. MOTION PASSED 5-0. PUBLIC HEARINGS o CIRCULATION & SCENIC HIGHWAY ELEMENT. STAFF RECOMMENDATION: Council receive staff report, take public testimony and continue item to October 4, 2000 meeting for final consideration. Director Walgren presented staff report. Director Walgren explained that the Community Development Department staff has been updating the Circulation and Scenic Highway Element of the City's General Plan. He noted that it was last updated in 1983. This is one of the seven (7) mandated elements required by State law. Also, he noted an environmental initial study and subsequent Negative Declaration has been prepared for this project pursuant to the California Environmental Quality Act guidelines. The initial study concluded that the Element update would not result in'significant adverse impacts on the environment. Director Walgren indicated that the document would act as the City's long-range traffic management plan and a broad range of citywide goals and policies document addressing the changes in Saratoga. Director Walgren summarized the process in which the staff used to update the Element and notify the public: 1. Held community workshops. 2. Notices were mailed out to subscribers to'City Council and Planning Commission agendas, homeowners associations, all City Commissioners, community and business groups, school boards, and clergy. 3. Several articles appeared in Saratoga News. 4. Traffic consultants, Fehr and Peers Associates, collected data and conducted traffic counts. 5. Draft Element presented to Public Safety Commission twice. 6. Planning Commission reviewed the Element twice. City Council Minutes September 20, 2000 7. An announcement was mailed to every household in Saratoga encouraging residents to attend the September 20, 2000, City Council Meeting. ~Director walgren noted that the Element was being presented to the Council for their approval. He also mentioned, that Chuck Page, Chair/Planning Commission; Sohrab Rashid, Project Manager/Fehr and Peers and Associates; and Jim Jeffries, TraffiC Engineer/City of Saratoga, were present and available for questions. Councilmember Streit asked if the' traffic counts that were conducted in 1998-99, were done during the school year, since the major traffic problems in Saratoga occur during that time. Sohrab Rashid, Project Manager/Fehr and Peers and Associate, responded that the majority of the traffic counts were conducted during September and October. Councilmember Walton asked if any one consulted with the Bikeway Commission. Mr. Rashid responded that he recently talked with Jim Stallman/Bicycle Advisory Committee. Mr. Stallman reviewed the document and changes were made per his suggestions. Councilmember Baker referred to page 21 of the document, regarding suggested routes to schools. He commented that all the comments in the document refer only to the Saratoga Union School District. He questioned whether the Cupertino and Campbell School District were consulted and if their associated neighborhoods and traffic patterns were looked at. Mr. Rashid responded that Councilmember Baker was correct; most of the comments were referring to the Saratoga Union School 'District. He explained that this document is a general planning document and could be applied to any of the school districts. Councilmember Baker requested that pages 21, 35, and 36, in the Element be amended; making references that seven (7) school districts surround and serve Saratoga. Councilmember Baker indicated that on page 44, there was an implementation plan requiring seated and shaded bus shelters be placed adjacent to building entrances to encourage the usage of public transportation. Councilmember Baker questioned that if the Council adopted the Element would the City be required to build the bus shelters. Also, he inquired how many bus stops the City has and an estimated cost to build new bus shelters. Director Walgren informed Councilmember Baker the City has forty (~40) bus stops and the estimated cost per shelter is $10,000.00. Director Walgren explained the City of Saratoga could reinforce the current process, City Council Minutes September 20, 2000 making developers build approved bus shelters if there is one adjacent to their property. Councilmember Baker questioned page 43, truck transportation implementation policy, whether the City is required to post signs at entry streets prohibiting commercial trucks except on main arteries, other than to make deliveries. Director Walgren explained that the City is responsible for placing those types of signs throughout the City of Saratoga, but some discretion is given on how and where to place them. Mayor Bogosian opened the public heating at 8:30 p.m. and invited any public input. Seeing none, Mayor Bogosian closed public hearing at 8:31 p.m. Councilmember Mehaffey expressed disappointment with the level of serviee in the year 2025 and some of the levels today. For example, he explained schools cause most of the intersection congestion. He noted that a busing system shoul,d be implemented. Councilmember Mehaffey noted that 'the City should aspire to keep a level of service at a "C". Director Walgren explained to the Council that if the City kept a level of service at "C', that would direct the emphasis on managing traffic through widening lanes and building infrastructures. After reviewing the draft Element the Planning Commission agreed to accept a level of service of "D", preserving the community instead of concentrating on road improvements. Councilmember Streit supports the use of a busing system. He noted that he feels it would eliminate a lot of the traffic problems around West Valley College, Redwood Middle School and St. Andrews. Councilmember Baker commended everyone involved in the updating process of the Circulation and Scenic Highway Element. Councilmember Waltonsmith questioned why Mt. Eden Road and Pierce Road were not listed as a designated bike mute. Mr. Rashid explained that it is not designated as a bike route because of the liability issue. Mayor Bogosian thanked everyone for the hard work that was put into this document. Mayor Bogosian called for a five (5) minute recess at 8:47 p.m. and reconvened at 8:55 p.m. 11 City Council Minutes September 20, 2000 OLD BUSINESS UPDATE STATUS REPORT - WORLD WAR II MEMORIAL DONATIONS. STAFF RECOMMENDATION: Informational only. Paula Reeve, Senior Administrative Analyst, presented staff report. Ms. Reeve reported that on June 7, 2000, City Council unanimously voted to' support a match of up to $3,000.00 from the City of Saratoga for the proposed World War II Memorial to' be built in Washington D.C., subject to contributions received from local citizens.. Ms. Reeve indicated during the campaign, which ran from June 7 through August 6, 2000, the City Manager's Office received $850.00 from eight ~contributors. The City of Saratoga is matching that amount, and will be sending a total donation of $1,700.00 to the American Battle Monuments Commission expressly for the National World II Memorial Campaign. Councilmember Baker thanked the contributors. Mayor Bogoslan thanked Ms. Reeve for organizing this campaign. SEPTIC ABATEMENT PROGRAM STATUS REPORT. STAFF RECOMMENDATION: Counci'l accept status report. Director Walgren presented staff report. Director Walgren reported that in an effort to improve underground and creek water quality in the region, the Saratoga City Council adopted a septic abatement ordinance that applies to all properties within the City of Saratoga. He explained that the ordinance requires septic systems in the City be abandoned and the properties connected directly to the public sanitary sewer system, when a public sewer line is available within 200 feet of a property line. Director Walgren indicated that property owners with properly operating septic systems may request up to a five-year extension of time to connect to the public sanitary sewer. Also, he noted qualifying property owners facing financial hardsh!ps, are able to apply for Community Development Block Grant (CDBG) money to pay for the cost of the septic abatement and sewer connection. To date, only a few applications have been received. And of these, one qualifying property owner has met the income limit criteria' to be .eligible for CDBG money. City Council Minutes September 20, 2000 Director Walgren reminded the Council that the City initiated this program last year by collecting from the two sanitation district's lists of properties that were thought to besubject to its requirements. Out of 585 properties identified by the districts, staff has been able to remove many that were either undeveloped parcels or properties that had been connected to the sanitary sewer but were not in the districts' records. The following people spoke on this item: David Dolloff, 20685 Sigal Drive, read a prepared statement expressing his opposition to the septic abatement ordinance. L.M. Thorpe, 19550 Farwell Avenue, noted that if a septic tank doesn't pass inspection than the property owner should have to hook up to the sewer line, but if it passes' the property owner should be allowed to keep the septic tank. Beverly Phipps, 15270 Norton Road, showed an overhead of why the septic ordinance should be reconsidered. He noted that he is not disagreeing the contamination in the creek isn't a serious matter, but to blame it all on septic tanks is premature. Ted Cheeseman, 20800 Kittredge Road, expressed his opposition on the septic abatement ordinance. Ellen Masterman, 18951 Saratoga Glen Place, explained that residents should not be forced to hook up to the sewer system when it has not been proven that the septic tanks cause the pollution. Gloria Vandermate, 20122 Chateau Drive, inquired who decided what type of inspection a septic tank should have and how should it pass. No other people spoke on this item. Mayor Bogosian thanked everyone for coming and speaking on this issue. Councilmember Baker noted this process started back in January 1999, with this Council, except for Councilmember Waltonsmith. He noted Jim Shaw was still alive and was serving as Mayor. Councilmember Baker explained that the proposed septic ordinance was on the agenda six (6) separate times as a discussion item, three (3) public hearings were held, and was on the front page of the Saratoga News. He also mentioned that the Council introduced the ordinance and passed it at two separate'meetings with a vote of 5-0. Councilmember Baker noted at the time the City implemented this Ordinance, serious pollution in the Saratoga Creek was known to. exist, but the sources were still undetected. 13 City Council Minutes September 20, 2000 CoUncilmember Baker commented that all the sources of contamination are still unknown. Councilmember Baker responded to Mr. Martell's comments concerning the editorial that was in the Saratoga News. He explained that he signed the editorial on behalf of the Saratoga City Council, and noted that he is the Vice Chair of the West Valley Sanitation District. Councilmember Baker explained that th"~ West Valley Sanitation Board is made up of five member representing Los Gatos, Saratoga, Monte Sereno, and Campbell. An elected County Supervisor fills one seat. Councilmember Baker noted the Board's duties are to-ensure that the District.provides adequate sewer service and efficient service in the event 0f an emergency. Councilmember Baker responded to Ms. Vandermate's question regarding what type of inspector is required to inspect septic tanks. He noted companies have to be certified · under County Health and State requirements. He alsonoted that the septic' ordinance the City adopted was based on the Count~, of Santa Clara's ordinance. He explained the only difference is that the Saratoga City Council made the decision to decrease any potential pollution by abating as many septic systems as possible. Councilmember Baker pointed out that at no time did this Council want to force anyone out of Saratoga because of this septic abatement ordinance. Councilmember Baker indicated there were several options available for those residents effected by the septic ordinance: 1. The City's allocation of $70,000 for individuals who are financially unable to abate. 2. The ordinance has allowed homeowners to ask for a five (5) year extension on abatement process. 3. West Valley Sanitation District will finance the fees over a ten (10) year period by allowing homeowners to pay them off on their tax roll bill. 4. CDBG money. Councilmember Baker pointed out three known pollution points in' the City of Saratoga and noted 'that the source is unknown; Big Basin/Saratoga-Sunnyvale Road, 4!h Street, and Crestwood. He also explained that the contamination level' is 10,000 times above the acceptable level. Councilmember Baker indicated the pollution problem has been known since November 1998, and indicated that the previous City Council spent $165,000.00 on litigation fees and did nothing to solve the problem.. He feels the current City Council made the right decision on passing the septic abatement ordinance and he stands behind that decision 100%. Councilmember Mehaffey reiterated the financial alternatives being offered to 14 City Council Minutes September 20, 2000 noncompliant residents. He also suggested that residents who are grouped together try to hook up to the sewer system at the same time, when all the equipment will be there and it may save some money. Mayor Bogosian feels the pollution in the creek is a serious health hazard and the City is trying their best to control it. He sincerely hopes people who are having financial difficulties complying with the ordinance, will come forward and seek assistance. Councilmember Waltonsmith stated that although she was not a member of the. Council when the vote was taken she fully supports the abatement ordinance. Councilmember Streit supports the septic ordinance fully, but feels residents need more time to comply. - Director Walgren responded that notices were sent out seven (7) months ago, which he feels has given noncompliant residents plenty of time to comply. He explained the residents who missed the August 21, 2000 deadline, have communicated with the Community Development Department and have shown a good faith effort to comply, the City is willing to work with them. Councilmember Mehaffey suggested the City compile a list of inspectors who are available and refer them to noncompliant residents. He feels the City needs to become more involved in helping the residents that are affected by the ordinance. Councilmember Streit fully supports doing everything possible to assist the resident before putting liens on their property. Richard Taylor, City Attorney, indicated this item was presented to the Council as informational only and to hear the Council's reactiOns to it, therefore no action is needed. Mr. Taylor explained that Staff has heard the Council's concerns, however, the . enforcement of the ordinance is under the direction of the City Manager's Office to work with the Community Development Department. City Council can direct that staff · bring this item back at a future date. Consensus of the Council to bring the septic abatement program back as an agenda item at a future meeting. NEW BUSINESS o CITY'S COST ALLOCATION PLAN. STAFF RECOMMENDATION: Informational only. Mary Jo Walker, Director of Administrative Services, presented staff report. 15 City Council Minutes September 20, 2000 Director Walker reported that during the May 17, 2000~ City Council Meeting, staff was asked to explain the City's cost allocation plan. Director Walker explained to Council that a cost allocation planis a methodology or computation to allocate overhead to the various departments that are users of the serVices provided. She indicated that a cost allocation plan is prepared to reflect the · total cost 0fproviding a service, not just the direct cost. To' the extent possible, to reimburse the fund providing the service from the fund using the service. Director Walker reported.that the City utilizes full cost recovery, meaning that we disti'ibute virtually all central serVice costs to all user departments. She further explained which central serVice departments generate overhead cost, and which departments receive overhead charges. She noted that contingency, debt service, and capital projects were exempt from overhead allocation. In conclusion, Director Walker summarized the presentation by indicating that all costs from central service departments are distributed to user groups and the General Fund, which pays for central service functions, is reimbursed from other funds at year-end. Mayor Bogosian thanked Director Walker for her excellent presentation. CITY COUNCIL ITEMS Mayor Bogosian requested that peninsula Open Space Trust (POST) be agendized for the October 4, 2000 City Council meeting. Councilmember Waltonsmith requested that an evaluatiOn be conducted on the pesticides that are currently being used on City grounds. Councilmember Baker noted that everyone should have received a letter from Margaret Towns and Jack Mallery. Both residents call attention to the shopping centers along Sunnyvale - Saratoga Road (Gateway Area). He requested a status report. Mayor Bogosian concurred with Councilmember Baker and requested a report on the Gateway Area at the next meeting. He is especially concerned with the Azule Crossing commercial establishment and their signage issue. Councilmember Baker briefed the Council on information that they all should have re6eived, regarding certification guidelines of adult drug/alcohol residential facilities. He requested everyone review the information and let him know if they have any comments and he will take the comments back to the Cities Association for discussion. Mayor Bogosian requested staff to place this item on the next agenda indicating what Saratoga's Municipal Code allows concerning these types of facilities. City Council Minutes September 20, 2000 Councilmember Mehaffey stated he heard that Saratoga School's air conditioning unit caught on fire earlier this week and the school had to be evacuated. Mayor Bogosian responded that he had heard their alarm went off Saturday night. He requested the City Manager contact ChiefKraule/Saratoga Fire District, and report back to the Council. Councilmember Waltonsmith noted on Saturday, September 9, 2000, she att.ended the Saratoga Area Senior Coordinating Council's (SASCC) 1st Annual BBQ and Auction. She noted they raised $20,000.00. Mayor Bogosian expressed his appreciation to the Sheriffs Department in regards to the recent shooting at Wildwood Park. He noted that the Sheriff's Department handled the incident in a very professional manner. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no £urther business, the Mayor declared the meeting adjourned at 10:37 p.m. Respectfully submitted, Cathleen Boyer City Clerk 17 SARATOGA CITY COUNCIL MEETING DATE: October 18, 2000 A~GENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: SUBJECT: Check Register RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached is the check register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. Fund# Fund Name Date Manual Void Total 10/0512000 Checks Checks AP CHECKS A83029-83161 1 GENERAL 215,847.40 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 14,829.40 160 Transit Dev 170 Hillside Repair 180 LLA Districts 9,848.73 250 Dev Services 17,262.49 260 Environmental 270 Housing & Comm 290 Recreation 9,710.16 292 Facility Ups 950.00 293 Theatre Surcharge 300 State Park 310 Park Develpmt 320 Library Expansion 338.24 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 150.62 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 150.62 800 Deposit Agency 810 Deferred Comp 830 Payroll Agency 990 SPFA 21,250.07 (897.75) (819.80) Subtotal 269,087.66 21,250.07 (1,717.55) PAYROLL CHECKS: B25968-26001 TOTAL Prepared by: Date: )roved by: ooo§ g § § g g § § § § § ooooo o o o o o o o o o o ................ o~ ~ ~ o oooooooooooooooo ~o ~ ~ ~ ~ 0'~ o ~0 O~ C~O ~> ~> ~0 O~ U ~> o o o o o o o o ~ ~ o ~ o o~ ......... ~ ~ o o § § § § o ° ° o o 0 {J o o ...... ? ................ · · Z~ §§§§§§ oooooo oo .... o°. § o° Oo 0 zo oo ~g §§ § ~o ~0 O~ 0 ooooooooooooooooooooooooooooooooooooooooooooooooo ~0 O~ 6o '~0 ~> ~000000 O oo O~ 0 :> oo o¸ §§g § g § oooooo ...... g o o o oooooo § g o § § oo ~ 0 ~o ~ 0 0 0 0 ,00 0 o o o ~ o: :~.o ~::: o,o ~ o o~ ~ ~ o ~ ~ ~ 000000 ~ ~H~ ~ 0 ~ ~ ~ ~ ~ ~ oo g§ ~0 OZ (~0 ~> §§ gggg§§ ° g §g o oo ooooo oo o ~ o o o o o o ~o ZO~ . ~ o ~ ~ oo~ o o .oo o §~ o o §~ §~ § .... o o o ~0 '~o I> ~o ~o ~§ oo o o o o ~o o ~ mo o o o ffi O~ U ~'° ~ ~§~° o o o § g § m§§ ggg o o o ~oo ooo g o o o § o g 0 § g ,,-,1 oo m ~o ,-to g § g o o ~0 ~0 ~0 ~ o o § §§ ~ ~oo n~O ~0 ~0 O~ n~ 0 ~0 SARATOGA CITY COUNCIL MEETING DATE: October 18, 2000 DEPT: PREPARED BY: Community Development AGENDA ITEM: /© CITY MANAGER: SUBJECT: Planning Commission Actions, October 11, 2000 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission action minutes of October 11, 2000. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes - Saratoga Planning Commission DATE: PLACE: TYPE: ACTION MINUTES SARATOGA PLANNING COMMISSION Wednesday, October 11, 2000 - 7:30 p.m. Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting ROLL CALL PRESENT: ABSENT: STAFF: Chairman Page, Commissioners Barry, Patrick, Kurash and Roupe Commissioners Bernald andJackman Director Walgen and Minutes Clerk Shirm PLEDGE OF ALLEGIANCE MINUTES - September 13, 2000 and September 27, 2000 ORAL COMMUNICATIONS REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 6, 2000. TECHNICAL CORRECTIONS TO PACKET CONSENT CALENDAR DR-00-027 (386-54-048) - TEAGLE, 12400 De Sanka Avenue; Request for Design Review approval to construct an 1,198 square foot second story addition to an existing 1,987 square foot single story residence. Ninety square feet will also be added to the first floor. Maximum height proposed is 23 feet. The parcel is approximately 11;250 square feet and is located in an RI-10,000 zoning district. (CONTINUED FROM 9/27/00) APPROVED 5-0 UP-00-010 (397-24-088) - PINN BROTHERS, 18895 Hayfield Ct; Request for Use Permit approval to construct a new 468 square foot Cabana within the rear setback of the property, 12 feet from the rear and 15 feet from the left side. There is an existing 4,558 square foot house on the site proposed to remain. The 26,515 square foot site is located within an R-I-20,000 zoning district. APPROVED 5-0 SD-99-003 & DR-98-070 (397-27-031) - NAVICO, Inc., 14230 Saratoga-Sunnyvale Road; Request for Tentative Map and Design Review approval for the subdivision of a 24,391 square foot parcel into six parcds ranging in size from 2,300 square feet to 3,320 square feet. The remaining 7,451 square feet will be common area. Six townhomes will be constructed on .the new lots. The site is located within the R-M-3,000 zoning district. (CONTINUED 5-0 TO 11/08/00) PLANNING COMMISSION ACTION MINUTES OCTC~BER 11, 2000 PAGE2 PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If'you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In Order to be included in the Planning Commission's information packets, written communication should be filed on or before the Thursday before the meeting.. ., UP-99-021 & DR-99-052 (517-10-015 and' 009) - OUR LADY OF FATIMA, 20400 Saratoga-Los Gatos Road; Request for Use Permit and Design Re(,iew approval to replace an existing Convent; Priest Quarters, Chapel and Vikitor's Apartments wikh an Assisted Living Facility for the dderly, and the interior conversion of an existing Skilled Nursing Facility into Assisted Living units. Total number of existing units is 42; total number of Assisted Living Units proposed is41. Existing floor area is 50,372 square feet; proposed floor area is 68,955 square, feet. An Environmental Initial Study has been prepared, and adoption of a Negative Declaration is also requested. This project is being noticed a second time to add the following information: An existing house facing Oak Street will be demolished to accommodate an additional 10 parking spaces. (CONTINUED FROM 9/27/00) APPROVED 5-0 DR-00-031 6= V-00-014 8z (503-55-032) - ALMAN, 21063 Bank Mill Lane; Request for' Design Review approval to allow a 1,073 square foot addition to an existing 2,900 spare foot residence. Variance approval is also requested to allow a nine foot front yard setback compared to a 30-foot minimum required setback. The parcel is approximately 42,122 square feet in size and is located in an R-i-40,000 zoning district. APPROVED 5-0 DR-99-024 (503-12-038) - C.W. DEVELOPMENT, 22657 Garrod Rd; Request for Design review approval to construct a new 6,155 square foot two-story structure on a vacant lot. The proposed design is at a. maximum height of 26 feet. The 1.9 acre site is located within a Hillside Residential zoning district. APPROVED 4-1 (COMMISSIONER KURASCH OPPOSED) DR-00-034 (503-27-109) - TOOYSERKANI, 14315 Paul Avenue; Request for Design Review approval to construct a new 2,850 square foot residence, including a 1,021 square foot second story. The maximum height proposed is 26 feet. The parcd is approximatdy 7,789 square feet and is located in an R-l-10,000 zoning district. APPROVED 4-1 (COMMISSIONER PATRICK OPPOSED) PLANNING COMMISSION ACTION MINUTES OCTOBER 11, 2000 PAGE 3 8. V-00-016 (517-14-025 8r 517-14-026) - KOSMATA, 15315 Kittridge Road; Request for Variance approval for the construction of an 820 square foot addition to an existing 2,~388 square foot, single- story residence. The area of the addition exceeds 30 percent slope, the maximum slope permitted beneath a structure. The site is 1.56 acres and is located within the Hillside Residential zoning district. APPROVED 5-0 DIRECTOR ITEMS 1. 1. DR-99-058 (397-02-111) - BELLICITTI, 18500 Marshall Lane; Request for modification to an approved Design Review application. The new residence is proposed to be relocated 10 feet farther Dom a mature oak tree. APPROVED 5-0 COMMISSION ITEMS COMMUNICATIONS WRITTEN Notice of Library Expansion Joint Meeting City Council minutes for closed session of August 2, 2000 and closed session of September 6, 2000 ADJOURNMENT AT 11:00 P.M. TO NEXT MEETING - 'Wednesday, October 25, 2000, CoUncil Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA SARATOGA CITY COUNCIL MEETING DATE: October 18, 2000 ORIGINATING/~p ~T: ,,City~l~an ager PREPARED B%~ AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Joint Meeting Minutes - Library Expansion Project RECOMMENDED ACTION: Approve minutes as submitted. REPORT SUMMARY: On September 18, 2000 a Joint Meeting of the following Boards and Commissions was held concerning the Library Expansion Project: Saratoga City Council Library Expansion Committee Citizens Oversight Committee Library Commission Heritage preservation Commission Public Safety Commission Planning Commission FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION): Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Minutes - Joint Meeting 2 of 2 Saratoga Comm_nnity Lib Renovation and ExPansion .Project rary COMMUNITY DESIGN WORKSHOP #1 - September 18, 2000 Summary of Meeting Notes BSA Architects September 20, 2000 A. Introduction B. Site Analysis 1. Review of the site and its surroundings 2. Configuration of existing, library, parking lot and orchard a. Current site is approximately 870,000 sf(20 acres) including 'the library site and the orchard b. Library is 18,000 sf- expanded building will be around 46,000-49,000 sf c. Parking provided for 95 cars - expanded parking will accommodate up to 200 cars minimum d. Discussion of existing orchard layout C. Library Building Program I. Goals in renovation and expansion: a. Larger, more functional library b. Stronger sense of entry c. More efficient layout for staff areas d. Expanded areas for all collections and seating/study spaces e. Maintain the character of the existing building while improving its functionality f. Improve lighting 2. Key spaces in the proposed expanded library D. Optons for Access to the Site 1. Presentation of three options a. Access off Saratoga Ave. only b. · Access off Fruitvale Ave. only (right turn in and out) c. Through access from Saratoga to Fruitvale Consensus was reached that there should be access off Saratoga 'Avenue only. The group felt that people would use a road through the 'site as a short cut to the intersection, leading to a lot of traffic through the site.. o The architects need to meet with the Fire Department to determine if emergency vehicle only access is required to Fruitvale Ave:, or if it will be sufficient to provide a turnaround on the site. '4. It 'i's important to create a good drop-offzone in front of the entrance to the building with sufficient queuing space for parents who drop off and pick up kids. E. Library Building Configuration Options 1. Three options xvere presented a. Single story addition - all oriented to the south of the existing building b. Single story addition -two additions, one on each side of the existing building c. Two story addition - resulting ill a smaller building footprint on the site There was a split in support between the one and two story schemes. There was a preference for the single story option that did include some addition out towards the intersection,. although not as large an addition in that direction as was shoxvn in our sketch. o Tile librarians' concern for supervision and staffing itl a two story scheme was discussed, and any two story option would need to work well from the operational perspective in order to be considered. Everyone agreed that the massing of the building was a sensitive issue, and it shouldn't look like a two story box. The addition should be oriented so as to minimize disruption of views of the mountains. Issues of orientation relative to sun and wind were also raised. 5. There was some discussion of why the library had to be as large as it was proposed, but this was clarified by members of the committee. 6. We agreed to look at both of these options as we start to study the organization, layout and massing of the proposed addition. F. Parking Configuration Options 1. Five options were presented: a. Linear arrangement of parking along Saratoga Ave. b. Clustered arrangement of parking along Saratoga Ave. c. Parking split into two smaller lots, one along Saratoga and one along Fruitvale d. Parking clustered in the center of the site e. Parking split between surface lot along Saratoga and underground lot under the building addition. 2. As anticipated, this issue resulted in the greatest amount of discussion and debate, because the footprint of the new parking has the greatest impact on the orchard. o Options a and d were easily eliminated from consideration. Everyone felt that retaining views into the orchard from both streets was important, and that they didn't want to fill the center of the site with cars. Underground parking was discussed, but the issue o.f cost was prohibitive. The majority felt that the resultant loss of library building area to cover the cost of putting in underground parking would not be worth it. However, when asked if they would support underground parking if additional funding were made available, the majority was in support. The issues of ongoing maintenance and operation costs, as well as security concerns were also raised. The committee should decide how we are to proceed with this issue. Page 2 o The primary goal of the group was to minimize the impact of parking on the orchard. It was fe!t to be important to retain some orchard along all of the edges of the site, and also to retain as much contiguous area of orchard as possible at the center. One participant proposed .that the number of parking spaces built initially be reduced from 200 to 150: This possibility was discussed, but it would requi,-e that fun~ling for construction of the remaining 5.0 spaces be set aside should they become necessary in the future, and that some sort of back-up plan for overflow of the parking lot would have to be put into place. It was left to the committee to make a decision-on this issue. Other related issues included the relationship of tree planting to the parking lot. There was a split between people who thought that the lot should be planned as tightly as possible so as to maximize retention of the orchard, and those xvho thought there should be rows of trees between the cars. A representative fi-om the planning commission said that the City will require that there be landscaping in the parking lot. but it could be in smaller planting strip~. It was discussed that fruit trees aren't compatible with parking. There is a strong desire for a drive through book drop that deposits the books directly into the building. Some very short term spaces for people dropping off books should also be provided. 9. The two preferred parking schemes were b and c from above. In the case of the split parking lot, there should be a turn around that brings drivers back onto the road out to Saratoga Ave. G. What's Next 1. Second Design Workshop - Monday, October 16 at 7PM in the library commUnity room 2. Presentation of site development plan options 3. Discussion of options for renovation and expansion of the library building- planning and building character 4. Third workshop will be on Monday, November 20th at the Community Center Page 3 CITY OF SARATOGA MINUTES JOINT MEETING OF THE FOLLOWING BOARDS AND COMMISSIONS: Saratoga City Council Library Expansion Committee Citizens Oversight Committee Library Commission · Heritage Resources Commission Public Safety Commission Planning Commission DATE: TIME: LOCATION: September 18, 2000 7:00 P.M. Saratoga Community Library, Community Room 13650 Saratoga Avenue Saratoga, CA 95070 1. Callto Order ~' Mayor Bogosian called the meeting to order at 7:05 p.m. o Roll Call Quorums for the following Commissions and Committees were present: City Council, Library Commission, Library Expansion Committee, Citizens Oversight 'Committee o communication from the Public There was no one from the public who requested to speak to the Committee about any matter not on the agenda. e Workshop presented by BSA Architects on Saratoga Library site development Mark Schatz of BSA introduced the design team, explained the format of the Community input process, and reviewed the design concerns which they anticipate for this project. Linda Gates, a landscape architect from David Gates & Associates, commenced the workshop by givingher views, impressions, and possible suggestions on the Orchard. Mark Schatz discussed the three main issues of debate for the night: entrance & exit locations, building site layout, and parking lots. Through diagrams and dialogue, Mr. Schatz explained to the audience the various basic ~ architectural options for each issue. Upon putting each issue up 'for a visual vote, Mr. Schatz narrowed down the options, which will be used during the 'next design phase. Mr. Schatz invited everyone to attend the next Community Meeting on October 16, 2000 to discuss the building design. Mark Schatz's minutes from this meeting, approved by the Library Expansion Committee, are attached. 5. Adjournment The meeting was .adjourned at 9:30 p.m. Respectfully submitted, Mary Jo Walker Administrative Services Director Approved by City Council on Stan Bogosian Mayor City of Saratoga Approved by the Library Expansion Committee on Mary Jo Walker Administrative Services Director Staff to the Library Expansion Committee Approved by the Citizens Oversight Committee on Ray Galindo Staff to the Citizens Oversight Committee Approved by the Library Commission on Loft Bums Staff to the Library Commission SARATOGA CITY COUNCIL MEETING DATE: October 18, 2000 DEPT: Community Development PREPARED BY: SUBJECT: / Construction hours ordinance. .2_ AGENDA ITEM: CITY MANAGER: OEPT HEAD: RECOMMENDED ACTION: Introduce the attached draft ordinance, take public testimony and then continue the ordinance to the November 1 City Council meeting for adoption. REPORT SUMMARY: The City Council has directed staffto prepare a draft ordinance for consideration that would limit the permitted hours of construction activity in Saratoga. Currently, the City's noise ordinance allows residential construction activity between the hours of 7:30 a.m. and 6:00 p.m. Monday through Sunday, but prohibits any single noise source from exceeding 83 dBA. Commercial construction activity is limited to weekdays only. Commercial building is currently defined as construction of an actual retail, office, personal service or institutional structure. When the City Council first discussed limiting construction hours at the September 6 meeting, the majority of the Council seemed to prefer further restricting weekend hours versus prohibiting weekend construction outfight. Staff is therefore proposing that weekend construction hours be limited to the following: · 7:30 a.m. to 6:00 p.m. Monday through Friday, · 9:00 a.m. to 5:00 p.m. Saturdays, and · No construction on Sundays or Holidays, with the exception of homeowner improvements that do not require a City permit. Staff has also provided additional language that codifies current practices of restricting the construction hours of large-scale projects through the conditional permitting process. FISCAL IMPACTS: Some additional enforcement costs will be incurred to regulate weekend construction hours. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS: Current ordinance would remain unchanged. ALTERNATIVE ACTIONS: The City Council could direct staff to prepare an ordinance that would prohibit all weekend construction activity requiring a City permit. FOLLOW UP ACTION: Staff will schedule the ordinance, as presented or as amended, for the November 1 City Council meeting. A news brief will be published in the Saratoga News to inform residents of the proposed ordinance amendments. ADVERTISING, NOTICING AND PUBLIC CONTACT: A legal notice has been published in the Saratoga News. ATTACHMENTS: 1. Draft Noise Ordinance 2. Correspondence from Cheil Keenan dated October 4, 2000 2 of 5 ORDINANCE AN ORDINANCE AMENDING THE sARATOGA CITY CODE CONCERNING NOISE STANDARDS FOR CONSTRUCTION ACTIVITIES THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: mo The SaratogaCity Code establishes a general noise restriction intended to protect the health, safety and welfare of the community. The City Code currently exempts from this general noise restriction specified construction aCtivities conducted between the hours of 7:30 a.m. and 6:00 p.m. on any day of the week. Construction in commercial zoning districts is not exempted unless an exemption for a specific Project is granted by the City' Council. Excessive noise from construction activities occurring on weekends in residential neighborhoods can be disruptive or otherwise interfere with other uses in affected neighborhoods. C.' TheCity wishes to balance the needs of those desiring to undertake construction activities on weekends and ihose seeking the benefits of a neighborhOod free of excessive noise. This Ordinance amends the City Code to provide that the construction exemption will apply from 7:30 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 5:00 p.m. on Saturdays. No construction exemption will apply on Sundays, with the exception of homeowner improvement projects that do not. require a City permit. This ordinance further amends the City Code to clarify the permit requirement for construction projects in Commercial zoning districts. Section 2. Adoption. Section 7-30.060(a) of the Saratoga City Code is hereby amended as set forth below. Text to be added is indicated in bold italic font (e.g., bold italic) and text to be deleted is indicated in strikeout font (e.g., s~keeut). Text in standard font remains unchanged by this ordinance. The text of subsections (b) through (f) of Section 7-30.060 is unchanged by this ordinance. The amendment to section 7-30.060(a) is as follows: 7-30.060 Exceptions for specific activities. Exceptions for specific activities, so long as the noise level at any point twenty-five feet from the source of noise does not exceed 83 dB~l, shall be permitted to exceed the standards set forth in Section 7-30.050 under the following conditions: 3 of 5 (a) Residential Construction. Residential construction, alteration or repair activities which are authorized by a valid City permit, or do not require the issuance of a City permit, may be conducted between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday and between the hours of 9:00A.M. and 5:00 P.M. on .................... j, ...... ~ ..................... j l~ ..... ~.¥en~· five £e~t hem the se,,~ce efneis~ dees net ex~e~ 83 dBA. Residential construction shall be prohibited on Sunday and legal Holidays. Construction, alteration or repair activities which do not require a City permit may be conducted between the hours of g:00 A.M. and 5:00 P.M. on.Sunday and legal Holidays. Ce~_'n~rcia! censtp-'-cfien shall be preb. ibite~ en Set,day and Sun~ay Commercial Construction. ConstructiOn, alteration or repair activities in Commercial and Professional and Administrative Office zoning districts which are authorized by a valid City permit, Or do not require the issuance of a City permit, may be conducted between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday. Commercial construction shall be prohibited on Saturday, Sunday and legal Holidays. The Community Development Director may grant temporary exemptions upon his/her determination of an emergency. Subdivision Construction. Subdivision construction activities which are authorized by a valid City permit, or do not require the issuance of a City permit, may be conducted between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday. Subdivision construction shah be prohibited on Saturday, Sunday and legal Holidays. The Public Works Director may grant temporary exemptions upon his/her determination of an emergency. Section 3.' Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph; sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph,, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted .the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 41 Publication. This .ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. 4 of 5 .The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the __ day of ,2000, and was adopted by the following vote following a second reading on the __ day of ,2000: AYES: NOES: ABSENT: MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 5 of 5 James Walgren From: To: Cc: Sent: Subject: Cheri Keenan <cheri@ald.com> <sbogosin@aol.com> <jwalgren@saratoga.ca.us> Wednesday, October 04, 2000 11:08 AM City Ordinance for Construction Dear Mayor Bogosian We have lived next to new construction going on a year and one/half. Most days construction workers have started at 7am and as early as 6:30am. When construction workers arrive at a job site it seems that throwing wood off a truck, loud talking to each other or backing trucks up with beepers before starting time does not constitute work for them, however, it does impact the whole neighborhood with noise. We know people want their projects finished in a timely manner, but after working all week it is nice to have weekends and holidays free of tractors and constant construction noise. A lot of our neighbors, including us, have weekend projects. Homeowner projects do not go on for weeks and weeks and most neighbors are considerate of others. We fully support the idea of weekday only construction (not on holidays) on new homes and extensive remodeling and exclude homeowner projects. John & Cheil Keenan Mt. Eden Road, Saratoga Cheri Keenan cheri(~ald.com (408) 446-1004 Advanced Logical Design, Inc. 12280 Saratoga-Sunnyvale Rd., Ste. 201 Saratoga, CA 95070 10/4/00 SARATOGA CITY COUNCIL MEETING DATE: October 18, 2000 ORIGINATING DEPT: Public Works PREPARED BY: AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Summary vacation of remaining portion of Esterlee Avenue RECOMMENDED ACTION(S): Move to adopt the resolution vacating the remaining portion of Esterlee Avenue. REPORT SUMMARY: As per your request staff brought this item before the Parks and Recreation Trails Subcommittee for their review at a special meeting held on Tuesday, October 10. The Trails Subcommittee reviewed the vacation request and determined that the subject right-of-way had no current or future value as a potential addition to the trail system and subsequently voted to approve the request with no conditions. The October 4 Council Report as well as the associated Resolution are attached for your information. FISCAL IMPACTS: The property owner requesting abandonment of the street has fully reimbursed the City for all costs associated with the processing of the request. Additionally, abandonment of the street may reduce the City's exposure to certain liabilities in connection with unimproved streets. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The street would not be abandoned. The City Council is not compelled to approve the request. You may opt to maintain the status quo instead. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The resolution will be recorded. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: 1. Resolution of summary abandonment with exhibits. 2. October 4 Council Report. 2 of 2 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City Clerk City of Saratoga Civic Center, 13777 Fruitvale Avenue Saratoga, CA 95070 RESOLUTION NO. RESOLUTION OF SUMMARY VACATION OF A pORTION OF A STREET (ESTERLEE AVENUE - FORMERLY SAGE DRIVE) Affecting portions of the following properties: APN 503-28-073 (Esterlee Avenue) APN 503-28-072 (21020 Canyon View Drive) APN 503-26-040 (1~.0 Esterlee Avenue) APN 503-26-002 (14436 Esterlee Avenue) WHEREAS, application has been made to City on behalf of the owner of property generally known as 14A.40 Esterlee Avenue (formerly Sage Drive)(APN 503-26-040) for summary vacation of a portion of Esterlee Avenue adjacent to said property as a public street; and WHEREAS, Streets and Highways Code S8330, et seq. authorizes summary vacation of a street or highway if certain criteria are met; and WHEREAS, the Director of Public Works has determined that the portion of Esterlee Avenue requested to be abandoned meets these statutory criteria for summary vacation, to wit: For a period of five consecutive years, the street has been impassable for vehicular travel and no money has been expended for maintenance on the street during such period; NOW, THEREFORE, Be it Resolved By The City Council of The City of Saratoga as follows: The portion of the street known as "Esterlee Avenue" (formerly Sage Drive), shown on that map attached hereto as Exhibit A and described in Exhibit B incorporated herein'by reference is hereby summarily vacated. 2. The summary vacation of the subject portion of Esterlee Avenue (formerly Sage Drive) is made pursuant to Streets and Highway 3. The facts under which the summary vacation is made are: (a) The street has been impassable for vehicular travel for a period of five years, during which period no public money has been expended for maintenance on the street. From and after the date of this recordation of the resolution in the office of the Santa Clara County Recorder, the subject portion of Esterlee Avenue (formerly Sage Drive) as shown on Exhibit A and described in Exhibit B, vacated by this resolution, shall no longer constitute a public street. 5. The reversion interests resulting from this summary vacation are described in Exhibit C attached hereto. Passed and'adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of ,2000, by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: Stan Bogosian, Mayor Attest: Cathleen Boyer, City Clerk EXHIBIT 'A' ' ~. I ~ I~ / ~m ~ ~ ~ .. Tract No. 1318 .~ ~ ~l ~ lc o~j~ ~ ~ ~ :~ 68 Maps 16 g 17 ~ ~J~--i° ~:J* ~ ~ ~ ;~ , ~ Apri~ ~7, 1956 ........ ---- ~ -- ~ -- ~ -U ' / ~R6~~ .... ~ .o~ /.~._'~~/~_~ ~02.96' /~49.20' 25.a0~ - .fo~/ ~' / ~0~ so3"2a'~- 177.96' / / // ~ APB: 503-86-040 / d~OKLZN~--/ Map No.2 of the Mary Springer Tract K Maps 33 ~ May 4, 1905 ESTERLEE AVENUE This Plat~~y me. ~RREN E. McDOWELL License Expires 06-30-2004 7974 PUMPKIN'DRIVE CUPERTINO CA 95014 (408) 257-8210 CITY of SARATOGA STREET VACATION DATE: '09-15-2000 SCALE: 1''= 50' EXI-tlBIT "B" A 40 foot wide street Vacation of a portion ' of Esterlee Avenue and a 103.62 foot street 40 foot wide appendage from and extending Westerly from Esterlee Avenue, within the City of Saratoga. All that certain real property situate within the City of Saratoga, County of Santa Clara, State of California, being public streets to be vacated consisting of that portion of Esterlee Street, 40 foot wide, lying between Canyon View Drive, on the North, Sage Avenue as Vacated by County of Santa Clara by Resolution dated November 19, 1951, on the South, and that certain 40 foot street appendage extending from that certain monument designated as R6 Westerly to terminate at that certain monument designated as R7, on the West, as said monuments are shown on the Map No. 2 of the Mary Springer Tract filed May 4, 1905 in Book K of Maps at page 33 in the office of the Recorder of the County of Santa Clara, State of California, said streets to be Vacated being more particularly described as follows: BEGINNING at a monUment designated as R7 on Map No. 2 of the Mary Springer Tract filed May 4, 1905 in Book K of Maps at page 33 in the office of the Recorder of the Cx)unty of Santa Clara, State of California, said monument R7 being also shown on the map of Tract No. 1318, Wildwood Heights, filed April 17, 1956 in BOok 68 of Maps at pages 16 & 17 in the office of the Recorder of the County of Santa Clara, State of California; THENCE Northerly, from the Point of Beginning, North 01 °48'00"West for a distance of 20.00 feet; THENCE Easterly, North 88°lT00"East for a distance of 68.58 feet to the Westerly line of Esterlee Avenue; THENCE Northerly, along the Westerly sideline of Esterlee Avenue as said Avenue. is 'shown on said Tract No. 1318, North 03°28'00"West for a ~listance of 71.74 feet to a non-tangent curve on the Southerly sideline of Canyon View Drive, 60 foot wide; THENCE Northeasterly, along the arc of a curve to the left from a tangent bearing North 36°52'50"East having a Radius of 105.00 feet, a central angle of 17032'50'' and an arc length of 32.16 feet to a point of tangency; THENCE Northerly, North 19°20'00"East for a distance of 59.94 feet to a point on the Easterly sideline of said Esterlee Avenue, 40 feet wide, said point being South 03 °28'00"East a distance of 25.80 feet from the North corner of Lot 93 as said Lot is shown on said Map No.2 of the Mary Springer Tract; THENCE Southerly, along the Easterly sideline of Esterlee Avenue, 40 feet wide, South 03 °28'00"East for a distance of 152.16 feet to the South corner of said Lot 93 as shown on Map No. 2 of the Mary Springer Tract; THENCE Southwesterly, along the Southwesterly prolongation of the Southeasterly line of said Lot 93' South 30°06'00"West for a distance of 20.41 feet to a point that is on the Northwesterly prolongation of the centerline of former Sage Avenue being distant thereon North 48°28'00"West a distance of 8.71 feet from a monument designated as R6 as said monument is shown on said Map No. 2 of the Mary Springer Tract; . THENCE Southeasterly, South 48°28'00"East for a distance of 8.71 feet to said monument R6; .THENCE Westerly, South 88°12'00"West for a distance of 10.06 feet to a point on the Southwesterly prolongation of the Southeasterly line of said Lot 93; THENCE Southwesterly, along said Southwesterly prolongation of the Southeasterly line of Lot 93, South 30°06'00"West for a distance of 13.36 feet to a point on the Northwesterly prolongation of the Southwesterly sideline of former Sage Avenue, 40 feet wide; THENCE Southeasterly, along the said Northerly prolongation of the Southwesterly sideline of former Sage Avenue, 40 feet wide, South 48°28'00"East for a distance of 12.61 feet to point that is point of intersection of the said Southwesterly sideline of former Sage Avenue and the Southerly sideline of the 103.62 feet street, 40 feet wide; THENCE Westerly, along the said Southerly sideline of the 103.62 feet street, 40 feet wide, South 88 o 12'00"West for a distance of 96.11 feet; THENCE Northerly, North 01 °48'00"West for a distance of 20.00-feet to R7, the Point of Beginning. Containing therein 8220.649 square feet of land, more or less. This descril~tion prepared by me. Warren E. McDowell Land Surveyor No. 3414 License Expires: 06-30-96 EXHIBIT "C" The reversionary interests of the four adjoining property owners have been provided here in Parcel 1, 2, 3, and 4, the effective date of reversion shall be the date upon which the street vacation is filed for record in the offiCe of the Recorder of the County of Santa Clara. PARCEL 1 All that certain real property situate within the City of Saratoga, county of Santa Clara, State of ' California, being a public easement for street purposes which is being herewith vacated by the City of Saratoga the subject lands described as Parcel 1 shall revert to that certain parcel of land designated as APN: 503-28-073, now or formerly owned by Saratoga Oaks Homeowners Association, Inc., the reversion is in accord with the original property lines which ha~e controlled the neighborhood, and being more particularly described as follows: BEGINNING at a monument designated as R7 on Map. No. 2 of the Mary Springer Tract filed May 4, 1905 in Book'K of Maps at page 33 in the office of the Recorder of the County of Santa Clara, State of California, said monument R7 being also shown on the map of Tract No. 1318, Wildwood Heights, filed April 17, 1956 in Book 68 of Maps at pages 16 & 17 in the office of the Recorder of the County of Santa Clara, State of California; THENCE Easterly, from the Point of Beginning, along the centerline of the 103.62 feet street, North 88°12'00"East for a distance of 94.00 feet to a point on the Southwesterly prolongation of the Southeasterly line of said Lot 93; THENCE Southwesterly, along said Southwesterly prolongation of the Southeasterly line of Lot 93, South 30°06'00"West for a distance of 13.36 feet to a point on the Northwesterly prolongation of the Southwesterly sideline o~ former Sage Avenue, 40 feet wide; THENCE Southeasterly, along the said Northerly prolongation of the Southwesterly sideline of former Sage Avenue, 40 feet wide, South 48°28'00"East for a distance of 12.61 feet to point that is point of intersection of the said Southwesterly sideline of former Sage Avenue and the Southerly sideline of the 103.62 feet street, 40 feet wide; THENCE Westerly, along the said Southerly sideline of the 103.62 feet street, 40 feet wide, South 88° 12'00"West for a distance of 96.11 feet; THENCE Northerly, North 01 °48'00"West for a distance of 20.00 feet to R7, the Point of Beginning. Containing therein 1818.425 square feet of land, more or less. PARCEL 2 All that certain real property situate within the City of Saratoga, County of Santa Clara, State of California, being a public easement for street purposes which is being herewith vacated by the City of Saratoga the subject lands described as Parcel 2 shall revert to that certain parcel of land designated as APN: 503-26-040, now or formerly owned by Michael T. Couch and Sheila Moran Couch, the reversion is in accord with the original property lines which have controlled the neighborhood, and being, more particularly described as follows: BEGINNING at a point that is the South corner of Lot 93 as shown on Map No. 2 of the Mary Springer Tract filed May 4, 1905 in Book K of Maps at page 33 in. the office of the Recorder of the County of Santa Clara, State of California; THENCE Southwesterly, from the Point of Beginning, along the Southwesterly prolongation of the Southeasterly line of said Lot 93 South 30006'00.' West for a distance of 20.41 feet to a point that is on the Northwesterly prolongation of the centerline of former Sage Avenue being distant thereon North 48028'00'' West a distance of 8.71 feet from a monument designated as R6 as said monument is shown on said Map No. 2 of the Mary Springer Tract; THENCE Southeasterly, South 48 °28'00". East for a distance of 8.71. feet to said monument R6; THENCE Westerly, South 88012'00'' West for a distance of 14.88 feet t° a point that is the intersection point on the line between the monuments designated as R6 and R7 as shown on said Map No. 2 of the Mary Springer Tract and the Southerly prolongation of the centerline of Esterlee Avenue; THENCE Northerly, along the said centerline of Esterlee Avenue North 03 °28'00" West for a distance of-125.69 feet; THENCE Easterly, North 86032'00'' East for a distance of 20.00 feet to a point that is distant South 03028'00'' East a distance of 75.00 feet from the North corner of said Lot 93 as shown on Map No. 2 of the Mary Springer Tract; THENCE Southerly, along the Easterly sideline of Esterlee Avenue, 40 feet wide, South 03028'00" East for a distance of 102.96 feet to the South corner of said Lot 93, said point also being Point of Beginning. Containing therein 2372.765 square feet of land,' more or less. PARCEL 3 All that certain real property situate within the City Of Saratoga, County of Santo Clara, State of California, being a public easement for street purposes which is being herewith vacated by the City of Saratoga the subject lands described as Parcel 3 shall revert to that certain parcel of land deSignated as APN: 503-26-002, now or formerly owned by Phillip D. Jacklin, the rever- sion is in accord with the original property lines which have controlled the neighborhood, and being more particularly described as follows: BEGINNING at a point on the Easterly sideline of Esterlee Avenue, 40 feet wide, said said point being distant thereon South 03°28'00" East a distance of 75.00 feet from the North corner of Lot 93 as said Lot is shown on Map No. 2 of the Mary Springer Tract filed May 4, 1905 in Book K of Maps at page 33 in the office of the Recorder of the County of Sama Clara, State of California; THENCE Westerly, South 86°32'00" West for a distance of 20.00 feet to a point on the centerline of Esterlee Avenue as shown on said Map No. 2 of the Mary Springer Tract; THENCE Northerly, alOng said centerline of Esterlee Avenue, North 03 °28'00" West for a distance of 1.62 feet to the intersection of said centerline and the Southeasterly sideline of Canyon View Drive, 60 feet wide, as Canyon View Drive is shown on the map of Tract No. 1318 filed April 17, 1956 in Book 68 of Maps at pages 16 & 17 in the office of the Recorder of the County of Santa Clara; State of California; THENCE Northerly, North 19020'00'' East for a distance of 51.61 feet to a point on the Easterly sideline of said Esterlee Avenue, 40 feet wide, said point being South 03o28'00'' East a diStance of 25.80 feet from the North corner of Lot 93 as said Lot is shown on said Map No. 2 of the Mary Springer Tract; THENCE Southerly, along the Easterly sideline of Esterlee Avenue, 40 feet wide, South 03°28'00'' East for a distance of 49.20 feet to the Point of Beginning. Containing therein 508.123 'square feet of land, more or less. PARCEL 4 All that certain real property situate within the City of Saratoga, County of Santa Clara, State of California, being a public easement for street purposes which is being herewith vacated by the City of Saratoga the subject lands described as Parcel 4 shall revert to that certain parcel of land designated as APN: 503-28-072, now or formerly owned by James N. Wholey and Louise A. Wholey, the reversion is in accord with the original property lines which have controlled -the neighborhood, and being more particularly described as follows: BEGINNING at a monument designated as R7 on Map No. 2 of the Mar Springer Tract filed May 4, 1905 in Book K of Maps at page 33 in the office of the Recorder of the County of Santa Clara, State of California, said monument R7 being also shown on the map of Tract No. 1318, Wildwood Heights, filed April 17, 1956 in BoOk 68 of Maps at pages 16 & 17 in the office of the Recorder of the County of Santa Clara, State of California; THENCE Northerly, from the Point of Beginning, North 01 °48'00" West for a distance of 20.00 feet; THENCE Easterly, North 88012'00" East for a distance of 68.58 feet to the Westerly line of Esterlee Avenue; THENCE Northerly, along the Westerly sideline of Esterlee Avenue as said Avenue is shown on said Tract No. 1318, -North 03o28'00" West for a distance of 71.74 feet to a non- tangent curve on the Southerly sideline of Canyon View Drive, 60 feet wide; THENCE Northeasterly, along the arc of a curve to the left from a tangent bearing North 36o52'50'' East having a Radius of 105.00 feet, a central angle of 17o32'50'' and an arc length of 32.16 feet to a point of tangency; THENCE Northerly, North 19020'00'' East for a distance of 8.33 feet to a point that is the intersection of the Southeasterly line of said Canyon View Drive and the centerline of Esterlee Avenue, 40 feet wide, as shown on said Map No. 2 of the Mary Springer Tract; THENCE Southerly, along the centerline of Esterlee Avenue, 40 feet wide, South 03 °28'00" East for a distance of 127.30 feet to a point that is the intersection of the Centerline and its prolongation of said Esterlee Avenue and the centerline of former Sage Avenue shown on said Map No. 2 of the Mary Springer Tract as having 103.62 feet between monument R6 and monument R7; THENCE Westerly, along said 103.62 feet fOrmer Sage Street, 40 feet wide, South 88012'00'' West for a distance of 89.17 feet to monument R7, being the Point of Beginning. Containing therein 3521.301 square feet of land, more or less. These ,descriptions werg,-prepared by the undersigned. 09-15/2000 ~ ,t ;~ , · Land Surveyor No. 3414 License Expires:. 06-30-2004 SARATOGA CITY COUNCIL MEETING DATE: October 4, 2000 ORIGINATING DEPT: Public WOrks PREPARED BY: AGENDA ITEM: 1.~''/ SUBJECT: Summary vacation of remaining pOrtion of Esterlee Avenue RECOMMENDED ACTION(S): Move to adopt the resolution vacating the remaining portion of Esterlee Avenue. REPORT SUMMARY: The City has been requested by the owners of 14440 Esterlee Avenue to abandon the street for specific reasons authorized by the Streets & Highways Code. Staff has reviewed the request and has determined that the criteria for summary abandonment are satisfied and that the Council can act on the request by adopting the attached resolution. The resolution sets forth the .findings for causing a summary abandonment of the street and if adopted, would cause the remaining portion of Esterlee Ave. to be absorbed by the four abutting property owners. In addition to the property owner requesting the street vacation, the other property owners are also in favor of'the request. Esterlee Avenue, formerly known as Sage Street, appears on' the old subdivision maps of Saratoga Village. As depicted on the maps, the street was to connect Canyon view Drive to Springer Ave. However, the street was never improved and at some point in time before the City was incorporated, the' County of Santa Clara formally abandoned the eastern half of the street. All of the utility agencies, which could potentially'have any interest in preserving Esterlee Ave., have been notified of the potential abandonment, and none have expressed any opposition to it. There are no existing or planned utility facilities along the street, the public has never utilized the street, and the City has never expended any funds, to maintain the street. In light of these facts, it is recommended that the Council adopt the attached resolution to summarily abandon the remaining portion of Esterlee Ave. FISCAL IMPACTS: The property owner requesting abandonment of the street has fully reimbursed the City for all costs associated with the processing of the request. Additionally, abandonment of the street may reduce the City's exposure to certain liabilities in connection with unimproved streets. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The street would not be abandoned. The City Council is not compelled to approve the request and may opt to maintain the status quo instead. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The resolution will be recorded. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing in addition to the notification of the effected property owners. ATTACHMENTS: 1. ResOlution of summary abandonment with exhibits. 2 of 3 SARATOGA CITY COUNCIL MEETING DATE: October 18, 2000 DEPT: Community Development PREPARED BY: Office of the City_ Manager. AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: CONSIDERATION OF AMENDMENTS TO HAKONE GARDENS LEASE AGREEMENT RECOMMENDED ACTION(S): Move to adopt resolution amending Hakone Gardens Lease Agreement REPORT SUMMARY: Background An amended Hakone Gardens lease agreement was presented to the City Council on August 2, 2000. The City Council at that time acted to grant the Hakone Foundation a lease extension for 55 years subject to the negotiation of an amended lease. The Mayor and staff met with Dan Pulcrano, Board President, and Lon Saavedra, Executive Director to negotiate terms for an amended agreement as per City Council direction. Council comments made in response to the prior draft agreement have been discussed with Hakone representatives and have been incorporated into the agreement. Most comments made by City Council members can be broken down into several categories: 1) Governance, 2) Cost, 3) Public access, 4) Future direction. Governance Under the Trust Agreement dated December 19, 1984 the board is selected by the City Council. The proposed lease agreement would supersede the Trust agreement, changing procedures for appointment of Hakone Foundation board members. Under this proposal, the Board 'would be self-appointing by majority vote and with a requirement that one-third of the Board of Trustees be residents of Saratoga. The City will be entitled to two seats for City Council members on the Board of Trustees of the Hakone Foundation. The City will also be entitled to one seat on the executive committee of the Hakone Foundation. This seat is to be occupied by the Mayor of the City of Saratoga or a City Council member. City Council representation on the board and the executive committee are the main elements of direction and control the City will exert over the Hakone Foundation under the new agreement. This provides the autonomy necessary for the board to become eligible for private foundation grants. This increased representation on the board replaces the ability of the City Council under the existing agreement to directly appoint Board members, and to terminate the Management and Operations agreement at will. Cost Hakone Gardens currently cost the City a nominal sum to operate because of the agreement with the Hakone Foundation. The City pays approximately $67,000 in salary and benefits for the Japanese Garden Specialist, which the Foundation then repays to the City. Additionally, the prorata share of property insurance costs paid by the City amount to approximately $672 yearly. The City also absorbs the cost of the Foundation's loan payments to the City as an offset against . the expense of the Foundations operation of the facility. For the Fiscal Year ending June 30, 2000 the amortized loan amount was $50,926. This loan will be fully amortized in 2003. under the proposed agreement, the outstanding loan balance would be forgiven. Maintenance and repairs will be performed by the Foundation on an agreed upon schedule for structures, gates, fences, stairs, electrical, wiring, plumbing, health and safety issues, fire and seismic safety. Removal of dead, dying or hazardous trees as of the date of the agreement will be undertaken as soon as possible. The City would provide a set amount of funds to accomplish needed repairs. In the first year of the contract, the City would provide the Foundation with $100,000, with $50,000 payments for the next three years. Total funds for maintenance and repairs over a four year period would be $250,000. Inspection reports noted no critical issues but recommend numerous repairs to building foundations, strapping of post and beam construction, and weatherproofing of wood surfaces. The most significant issue brought up in the inspection report involves the Cultural Exchange Center. It is experiencing a settlement problem affecting the rear of the building on sloping ground. The City will actively monitor this situation for movement. A geologist hired by the City determined that the area is not suffering from a landslide problem. Repairs are estimated at between $10,000 and $50,000 to stabilize the condition. As in the existing agreement, the proposed agreement would continue the City's obligation to maintain in good operating condition roads, parking lot, water supply, sanitary system and electrical service. A new water supply and distribution system was installed in 1994. An engineering report indicates that three retaining walls will have to be installed or repaired to prevent eventual road failure. These repairs are estimated at $585,000. This work would only be undertaken as needed over the life of the lease. It is recommended that funds for these repairs be budgeted in the City's CIP (Capital Improvement Budget) over several budget cycles in case they are needed. The parking lot is in need of a slurry seal and re-striping as well. Under the proposed agreement the City would continue to provide for miscellaneous reoccurring costs such as the Japanese Gardening Specialist, on a cost-sharing basis, with the City's share diminishing over 7 years. The City would continue to cover the costs of insurance eligible for ABAG coverage. 2 of 5 The systematic inspection of the infrastructure and facilities of Hakone Gardens has revealed heretofore-unknown maintenance issues. Some, like the problems with the foundation' of the CEC and the stability of the access road are issues that the City.would have had to address in the near term to insure the safety and integrity of these facilities in any case. The contract addresses the issue of ADA compliance separately. The City recognizes the need to make the facility accessible and will contribute available CDBG funds in the amount of $50,000 for a five-year period, totaling $250,000 for this purpose. Combined with improvements contained in the Hakone Master Plan, the gardens should achieve substantial compliance with ADA within a five- year period. .. Public Access Under the current agreement, the Foundation is charged with keeping the gardens open for the use of the public during regular hours of operation. The City also has the right of using the gardens for municipal activities conducted from time to time, at no cost to the City. Under the proposed agreement the Foundation would make the gardens available to the public at 7 hours per day on Saturdays, 6 hours a day on Sundays and 6 hours a day at least four days each week. Additionally, Saratoga residents would be allowed into the gardens at no charge. currently, the fee for parking is five dollars. Public access is guaranteed by the proposed agreement. Public access to the Hakone gardens will be similar to the days and hours now enjoyed by the public. Saratoga residents will enjoy free parking and admission to the gardens, which should increase local interest and use of the facility. The total number of park closures due to rentals and conferences shall be limited to no more than 30 days per year. Future Direction Under the existing agreement the Foundation is required to' operate and maintain the gardens as an authentic Japanese garden and a public park. Prior approval is required to expend funds in excess of $5,000 for improvements and for improvements sponsored by outside organizations in compliance with the park's master plan, also requiring approval by the City. The proposed agreement calls for the development of a master plan for the premises covering construction of a visitor and conference center, facility for serving tea and light snacks, gift shop and other facilities. The master plan is subject to review and approval, by the City prior to the Foundation undertaking any major capital improvements. Additionally, the Foundation is bound to Obtain the City's prior written consent for construction of any new buildings or other significant garden structures, submittal of plans for normal planning approval .and obtaining necessary permits. FISCAL IMPACTS: The City's current costs are limited to providing insurance coverage. Property coverage is $672 per year. Costs'of Liability and other insurance coverage are incidental and are not able to be separated. 3 of 5 The proposed lease agreement would cost the City $66,780 for the first two years for the gardener's salary. This would be reduced so that after seven years it would no longer be a cost to the City. Repair and maintenance costs are known to total $250,000 as a result of inspections. The proposed lease agreement allows the City to spread repair costs out over a four-year period. As well, ADA compliance is estimated at $250,000 when combined with Park Master Plan improvements. The cost to the City would be spread out over a five-year period and would involve a commitment of future CDBG funds. Infrastructure costs are estimated at $585,000, consisting of three retaining walls, which would be placed or repaired to shore up sections of the access road to prevent eventual failure. These retaining walls would only be replaced as needed over the life of the lease agreement.' The City will be required by HUD to repay funds used to remodel the caretaker's cottage if it is converted by the Foundation for use as a gift shop. Under the proposed agreement the City will repay HUD for the cost of improvements, and tenant relocation costs, and will be reimbursed by the Foundation over a period of 20 years. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The current operating agreement would continue until June 30, 2004, and the FoUndation'would be limited·in their fundraising activities. ALTERNATIVE ACTION(S)! City could operate Hakone Gardens as a City Park. Hakone Gardens budget in 1996 was $272,277. It is estimated that current operating costs would run approximately $350,000, offset by approximately $150,000 in income from gift shop operations and ~facility rental income. Expenditures for maintenance and ADA compliance would be the same as indicated in the proposed contract. FOLLOW uP ACTION(S): Execute contract with Hakone Foundation. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was brought before the City Council August 2, 2000. ATTACHMENTS: Attachment 1 - Resolution Attachment 2 - Proposed Lease Agreement 4 of 5 RESOLUTION NO. 00- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING AMENDMENTS TO HAKONE GARDENS LEASE AGREEMENT WHEREAS, The Hakone Foundation, a nonprofit corporation, was created to enhance, preserve, and protect Hakone Gardens. It became responsible for the overall financial and operational supPort of the Gardens in 1997 when the City of Saratoga could no longer provide support due to municipal budget limitations; and · WHEREAS, The Foundation has managed the Gardens in a fiscally prudent manner and continued the City of Saratoga's efforts to preserve this authentic and historic park; and WHEREAS, It is Foundation's desire to revise it's relationship with the City of Saratoga to become eligible for private foundation grants; and WHEREAS, the agreement between the Foundation and the City for the governance of the Foundation and the operations of the Gardens must be modified in order for this to occur; and WHEREAS, representatives of the City 'of Saratoga and the Hakone Foundation have concluded mutually beneficial negotiations identifying costs, restructuring governance and assuring free access to Hakone Gardens for Saratoga Residents; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, as follows: That the City Manager be authorized to execute the Lease Agreement with the Hakone Foundation. The above and fOregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 18t~, day of October 2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Stan Bogosian, Mayor City of Saratoga Cathleen Boyer, City Clerk Attachment 1 (Hakone Foundation final draft dated October 13%, 2000) TABLE OF CONTENTS Page [Pagination to be updated in final agreement] 1. Recitals 2 2. Premises 3 3. Term 3 4. Consideration 4 5. Use 5 6.. Termination of Master Lease before Termination of Lease 5 7. Utilities and Services 8. Deferred Maintenance, Maintenance and Repairs 9. Alterations 10. Taxes 11. Insurance; Indemnity 12. Damage or Destruction 13'. Caretaker's Cottage 14 15 16 17 18 19 20 21 22 23 24 25 Si¢ Access 'Default; Remedies Waivers Assignment and Subletting Condemnation Real Property Title Matters Landlord's Liability Dispute Resolution Notices Head Gardner Governance of Hakone Foundation Miscellaneous 'natures 5 6 8 9 9 11 11 -tl 12 14 14 14 '15 15 15 15 16 16' 17 19 Attachment 2 LEASE BETWEEN THE CITY OF SARATOGA AND THE HAKONE FOUNDATION This Lease, effective as of ~ 2000, is made by and between the City of Saratoga, a Municipal Corporation (hereinafter "Landlord"), located in the County of Santa Clara, State of California and the Hakone Foundation, a not for profit corporation organized under the laws of the State of California (hereafter "Tenant"), located at 21000 Big Basin Way, Saratoga, California, who agree as follows: 1. Recitals. WHEREAS, Landlord is'the owner of certain real property. located in the City of Saratoga, consisting of 17 acres more particularly described in Exhibit A attached hereto, on which are located, among other improvements, three large Japanese style buildings, garages, storage sheds, one residence, other .appurtenant structures and various garden elements, known as "Hakone Japanese Gardens" (hereafter "the Gardens", or "the Real Property"); and .WHEREAS,.the Gardens are currently operated by Tenant for Landlord under that certain Management and Operations Agreement dated July 1, 1997 and Landlord and Tenant wish to terminate the Management and Operations Agreement and replace it with this Lease; and WHEREAS, the Gardens are also operated by Tenant under that certain Trust Agreement dated December 19, 1984 and all subsequent amendments thereto and Landlord and Tenant wish to terminate the Trust Agreement and all amendments thereto; and' WHEREAS, the Gardens are also operated by Tenant under that certain Lease Agreement dated April 20, 1994 and Landlord and Tenant wish to terminate that Lease Agreement and replace it with this Lease; and 2 WHEREAS, Landlord and Tenant desire and intend that the Gardens be used, preserved, maintained, developed, administered, and operated by Tenant as an authentic Japanese Garden for the benefit, enjoyment and inspiration of the residents of Saratoga and the general public; and, WHEREAS, in order for Tenant to utilize and develop the Gardens to their full potential as a leading international horticultural, artistic and cultural resource serving the City of Saratoga and the region it is necessary and advisable to redefine the relationship between Landlord and Tenant with respect to various rights and duties toward each other and the Gardens; NOW, THEREFORE, for in and in consideration of their mutual covenants, agreements and undertakings hereinafter set for'th, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree as follows: 2. Premises. Landlord leases to Tenant and Tenant leases from Landlord for the term, at the-rental., and upon all of the conditions set forth herein, the Real Property. The Real Property, including the land and all improvements located thereon as of the' date of commencement of this Lease, is herein also called "the Premises". Tenant is presently the owner of all furniture, fixtures, and equipment on the premi'ses and all other tangible personal property located on the Premises. Landlord makes no representations whatever about the quantity nor condition of such furniture, fixtures, and equipment which may be located on the Premises and makes no claim to them. 3. Term 3.1 Term. The term of this Lease shall be for Fifty Five (55) years, Commencing on , 2000, ("Commencement Date"), and ending on , 2055, ("Expiration Date"), unless sooner terminated or extended pursuant, to this Lease. 3.2 Waiver of Redemption; Holding Over. Tenant hereby waives for Tenant and for all those claiming under Tenant, all right now or hereafter existing to redeem by order or judgment of any court-or by any legal or equitable process or writ, Tenant's right to occupancy of the Premises after any expiration or termination of this Lease. If Tenant holds over after the expiration or termination hereof, with the express or implied consent of the Landlord, such occupancy shall be a tenancy from month to month upon all the provisions of this Lease pertaining to the obligations of Tenant. 3.3 Surrender of Premises. On expiration or within ten 3 (10) days after termination of the Lease, Tenant shall surrender to Landlord the Premises and all Tenant's improvements and alterations in good and serviceable condition, clean and free of debris, except for ordinary wear and tear,' destruction and damage to the Premises as specified in Section 11 that Tenant.is not obligated to repair. Tenant shall remove all of its personal property upon expiration or within ten (10) days after termination of the Lease, and shall repair any damage to the Premises caused by such removal. If Tenant does not remove its personal property within such time Landlord may consider such property abandoned and may retain or dispose of it in any manner that Landlord deems proper at no liability to Landlord. ' 4..Consideration. In consideration for the lease of the Premises to Tenant by Landlord, Tenant agrees to pay Landlord as follows: Lease. 4.1 The sum of One Dollar ($1.00) upon execution of this 4.2 The sum of One Dollar ($1.00) per year during the term of this lease 4.3 Such sum as may be required by the United States Department of Housing and Urban Development of the City Of Saratoga, (which is expected to equal One Hundred Twenty.One' Thousand Four Hundred Sixty Dollars ($121,460.00))f ~:~s__....~L_~~ 2~!:.~l.~i~.2.~.....A~.f~.~!~t~...~.. in order to repay the grant made to the City of Saratoga for the refurbishment of the "caretaker's cottage" Such sum, plus interest at the rate of Six Percent (6%) per annum shall be paid by Tenant to Landlord in annual installments spread over a 20 year period (which annual payments shall equal Nine Thousand Three Hundred Sixty Dollars ($9,360.00).per year if the payment to HUD equals $121,460.00, or pro_portionally, more if the total. until fully paid. Such sum to be paid specifically in consideration of Landlord's obligations under paragraph 13 below. This obligation shall survive any termination of this Agreement based on Tenant's default. 4.4 The payments referred to in sub-paragraphs 4.2 and 4.3 shall be made in advance on or before the first day of January of each year during the term of this Lease beginning on January 1, 2001 and every year thereafter during the term of this Lease. Ail such sums shall be paid by Tenant to Landlord at the address to which notices to Landlord are given. 4.5 In the event Tenant fails to make the payments referred to in sub-paragraphs 4.2 and 4.3 as set forth in sub- paragraph 4.4 Landlord shall notify Tenant in writing of such failure.' In the event Tenant thereafter willfully fails to make such payment within 30 days of the date of such notice this lease shall terminate. 4.6 Landlord agrees that the loan in the amount of $159,037.19, as of September 30, 2000, as set forth in that loan agreement between Landlord and Tenant dated December 5, 1990 as amended October 21; 1992 and April 20, 1994 has been forgiven and Tenant has no further obligation whatever under such loan, or that such forgiveness shall be amortized, at the Landlord's o~tion. 5. Purpose of Lease and use of Premises. 5.1 Purpose. The purpose of this Lease is to provide possession of the Gardens to Tenant so as to enable Tenant to operate and manage the Gardens for public visitation and use by Saratoga residents and others and otherwise devote the Gardens to non-profit beneficial public, charitable and educational uses appropriate to and compatible with its character as an historical Japanese Garden and to enhance its position as a venue for the broadening and deepening of cross-cultural ties between the Japanese and American cultures. 5.2 Compliance With Laws. Tenant shall.comply with all laws concerning the Premises and/or Tenant's use thereof. 5.3 Nuisance. Tenant shall not use the Premises in any way that will constitute waste, nuisance, or unreasonable annoyance to owners or occupants of adjacen~ properties. Tenant shall not do or allow to be done through action or inaction anything on the Premises that will cause damage to the Premises. 5.4~ Public Access: Tenant shall ensure that public access to the Gardens, .at reasonable times and upon reasonable conditions, but in no event less than seven hours on Saturdays and six hours on Sundays and at least six hours per day on at least four weekdays each week , is maintained throughout the term of this Lease. Failure to do so shall be considered a material breach of this lease; provided, however, that Tenant may'close the Gardens to publiq access for up to 30 days each year (ho. more than 10 of which may fall on a Saturday or Sunday) for private events. 5.5 Saratoga Residents: Those persons showing through reasonably satisfactory evidence that they reside within the.City of Saratoga shall without charge be entitled to (a) visit the Gardens at all times that the Gardens are open to the public and (b) park their vehicles in the Gardens' parking lots when visiting the Gardens. 6. Termination by Landlord before Expiration of Term. In the event Tenant fails to cure the default of any material provision 5 of this lease after receipt of notice by Landlord as to the nature and extent of such default, Landlord may terminate this lease as set forth in paragraph 15 below. 7. Utilities and Services .... ~ ~ alithe following utilities and services to the premises..~_' gas, 8. Maintenance and Repairs. 8.1 Condition of Premises. At the time of execution of this Lease Landlord and Tenant believe that the maintenance that -'-~ will be warranted for the Premises over the life of this Lease includes, but is not limited to, the following items:. a) roofs of all structures except for caretaker cottage; b) various gates, fences, stairs, rails and other garden and site structures; c) structural components of buildings and garden structures, including foundations; d) exposed and subterranean electrical wiring, fixtures and equipment and exposed and subterranean plumbing piping, fixtures and equipment; ~!__a!~y and all upqrades or retrofittinq_.~i~.~!~.~.~._~~ the Americans with Disabilities Act: e-pr) any and all upgrades or retrofitting 'required by any building, electrical, plumbing or mechanical code affecting health and safety; ~l__any and all upgrades or retrofitting required by fire officials or to ensure seismic safety; ~,_hl_._any and all upgrades, retrofitting or repair to the existing water delivery system to ensure safe, .efficient and reliable water service to the premises; ~r~i) removal of any trees on the premises which are at the time of signing this Lease determined by an arborist to be diseased, dying or. hazardous; ~ii_installation ef fire alarm systems approved by the Saratoga Fire District connected to lecal fire department in all histeric buildings; ~k) any other items discovered by the Landlord or Tenant That'certain Management and Operations Agreement dated July .1, 1997 between Tenant and Landlord, held Tenant responsible for all repairs and maintenance of the Property. Notwithstanding the foregoing, Landlord and Tenant have agreed that Landlord shall undertake to repair or replace all items listed above as necessary for the safe and efficient operation of the Premises. 8.2 8.3 Payment for maintenance. Landlord agrees to pay for the cost of repair, replacement, retrofitting or upgrading which is required pursuant to sub-section 8.1 above. Ail work shall be done in a manner consistent with the architectural style of the premises and where necessary to be done by licensed' contractors knowledgeable about and competent in Japanese architecture and garden structures. .... ~liu~._~ .............. ~l~l consult_ · --' ~ ....... in prepaz'ing ...... -' ............... ~ ............... ~ Landlord's duty_to pay for such maihtenance shall not exceed the sum ef $250,000 for anV work to be done under sub- pa_~l~s//a_ph 8.1. (e) above_L_.pihich payments shall riot exceed ~..~..0_~O00 in any given_year follewina execution ef this Lease. Landlord's duty t_e_pay for all.. other maintenance required by sub-~!aracraph 8.1 shall net exceed $250,000, which_t21a_yments shall net 'exceed $100,000 in the f}~rst year after execution ef this Lease~ and $50,000 for each ef the three years thereafter. Netwithstandina the above, should Tenant~ upon further inspection er durinq maintenance work, discover that the cost and extent of repair, _replacement er up-g_~..a__dg. sianificantly exceeds that set forth in the inspection ?/.gperts .commissi. ened by Landlord, Landlord aqrees to meet and confer with Tenant te determine an ea. uitable allocation ef such ihcreased cost. '8 4 Obtaining of proposals'. ..... ~' ...... ~, or Tenant, i.f~ .... ~ ....... ~ should reluse or ._~_= to do so, shall seek and-obtain proposals from one or more licensed conffractors for all or a portion of the maintenance described abovez at its sole ~!~.s../~_l'~..L~i:..[%8.. Upon approval of the proposal, T_e_!t_a_!i_tLandlord shall enter into a contract for the work to be performed. iT_~__r!._q.n_A~,~.~.u shall be responSible for ensuring that all work done under the contract(s) is performed properly. 8.5 Tenant's Obligations. Subject to Landlord's obligations set forth in' sub-paragraphs 8.1, 8.2 and 8.3 above, Tenant, at its sole cost and expense, shail maintain, and keep the Premises and every part thereof in good operating condition and in compliance with all applicable federal, state, and local laws. In addition, Tenant shall be resPonsible for ensuring that all landscaping and garden art of every kind is kept and maintained in accordance with the best practices for gardens of their kind. 8.6 Landlord's Obligations. 'In addition to Landlord's duties as --set forth in sub-paragraphs 8.1, 8.2 and 8.3 Landlord shall, at it's sole cost and eRpense, repair (or replace) and maintain the following in good operating condition and in compliance with all applicable federal, state, and local laws: 7 a) all roadways and driveways leading to the Premises and upon the premises b) Ail parking lots on the Premises. c) Ail soil and sanitary pipes within the Premises' and between the Premises and the municipal, sewer system.. d) Ail water mains and branches serving the Premises. e) Ail electrical service to and upon the Premises. 8.7 Time 'of Performance. At such time as any repair, replacement, maintenance set forth in sub-paragraphs 8.1 and 8.6 above is found necessary Landlord shall make reasonable effort to perform the 8.1 and said repair in a timely and professional manner in order to reduce as much as possible any adverse impact~on the Gardens or their use and enjoyment by .their visitors. 9. Alterations. 9.1 Consistency. Tenant shall make no alterations, improvements, or additions ("Alterations") to the Premises which are not consistent with its character as a public Japanese garden and shall ensure that the Gardens maintain their character as an authentic. Japanese garden. 9.2 Landlord's consent. Tenant shall construct no new buildings or other significant garden structures without first obtaining the Landlord's prior written consent, which consent shall not be withheld if such new buildings or garden structures are within the scope of the Master Plan approved by Landlord pursuant to sub-paragraph 9.3. Before granting such consent, Landlord may require Tenant to prepare and submit for Landlord's approval plans'for such buildings or garden structures. Any such consent sha~l be deemed conditioned upon Tenant obtaining any required permits from appropriate governmental agencies, and upon Tenant's compliance with all conditions of such permits. Landlord shall waive any processing and inspection fees associated with any applications to the City of Saratoga provided, however, that said waiver shall not apply to the costs incurred by City in connection with any contract services required by City in order to process said applications (e.g., arborist, traffic engineer, CEQA consultants). Prior to the commencement of any work, Tenant shall post and record a Notice of Non Responsibility on behalf of the Landlord. 9.3 Master Plan. Landlord acknowledges that Tenant is intending to develop a Master Plan for the premises, which plan shall tentatively include the construction of a visitor and 8 conference center, facility for the serving of tea and light snacks, gift shop, and other facilities on the premises including a schedule for pl-an implementation. Tenant believes it is necessary'to increase the revenue generating capability of the premises in order to fully utilize its value and usefulness as a cultural and artistic center, and to this end considers it imperative that it be more fully developed with buildings serving those ends. Tenant shall provide a copy to Landlord of the Master Plan for Hakone Gardens as soon as it is prepared and Landlord shall have the opportunity to review and approve, which approval shall not be unreasonably withheld, such Master Plan prior to Tenant's undertaking any major capital improvements to the premises. Tenant shall make reasonable efforts to implement the Master Plan. Tenant shall have the right to amend such Master Plan from time to time, subject to Landlord's approval, which shall not be 'unreasonably withheld. 9.4 Ownership of Alterations at End of Tenancy. Any Alterations made hereunder shall be the property of Landlord, and remain on and be surrendered with the Premises upon expiration or termination of this Lease. 10. Taxes. Tenant shall pay all lawful taxes, assessments'or charges which at any time may be levied by any federal, state or countyor any tax or assessment levying agency upon any interest in this Agreement or any possessory right which Tenant may have in or to the Garden and facilities or the improvements.thereon by reason of its use or occupancy thereof or otherwise, as well as all taxes, assessments and charges on goods, merchandise, fixtures, appliances, equipment and property owned by it in or about said premises. 11. Insurance; Indemnification. 11.1 Liability Insurance. Landlord shall procUre and pay all premiums for and keep in force during the term of this Lease, wi'th Tenant as an Additional Covered Party under the Memorandum of Coverage (Liability) (hereafter "Memorandum") between the Asociation of Bay Area Governments (ABAG) and the City of Saratoga for liability insurance as it is afforded to the Landlord under the ABAG plan. "Additional Covered Party" is defined in the Memorandum as "any person, organization, trust-or estate to whom or to which the City is obligated by virtue of a written contract to provide coverage such as is afforded by this Memorandum, but only with respect to the operations performed by or on behalf of the City of facilities owned or used by the City". In the event the Landlord should cease to be insured under the Memorandum the Landlord agrees to provide to Tenant, its officers, directors, trustees and employees, coverage comparable or better than that afforded them under the Memorandum, but in no event less than that afforded to Landlord 9 11.2 Property Insurance--Premises. Landlord shall procure and pay all premiums for and keep in force during the term of this Lease a policy or policies of fire and.extended coverage insurance on all buildings and other insurable improvements located on-the Premises which are the property of the Landlord. Landlord shall have no duty to provide coverage for any of the Tenant's personal property, fixtures and equipment. 11.3 Property Insurance--Tenant's Property. Tenant, at its cost, may obtain and keep in force on'Tenant's, fixtures, and equipment, in, on, or about the Premises, and its personal Property in, on, or about the Premises, a policy of insurance providing protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, etc. ~.==~ ~n force ~.~ ..... ~ the term of tn~s Lease a poli. cy~.. ~'~.~,~.~..~'ity..~ similar to ~"at ........ ~""~ to .~u_~.~,.~ ~.,o..~ ..... u.~.. e.l.~ F~..~e'.i..u~. . rs actl. ng for or on ~ ..... ~....~ r .., · L ~. n~.o }~.~..~.~..~ W.~...~.~. e 11.5 Waiver of Subrogation. Landlord and Tenant each hereby release and relieve the other and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils insured against under this Section !1, which perils occur in, on or about the Premises, whether due to the negligence of Landlord or Tenant or their agents, employees, contractors and/or invitees. Landlord and Tenant shall, upon obtaining the poiicies of insurance required hereunder, give notice to the insurers that this mutual waiver of subrogation is contained in this Lease and shall thereafter obtain evidence of the waiver by their respective insurance carriers of any right of subrogation against'the other. 11.6 Indemnification. Tenant agrees to indemnify and hold the Landlord and its officers, officials, boards, commissions or committees, free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses, resulting from any negligent acts or omissions by the Tenant in connection with Tenant's performance of its obligations, including but not limited to its maintenance and repair work, under this Lease. Landlord agrees to indemnify and' hold Tenant and its trustees free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses, resulting from any negligent acts or omissions by Landlord in connection with Landlord's performance of its obligations, including but not limited to its 10 maintenance and repair work, under this Lease. 12. Damage or Destruction. 12.1 Damage--Insured Loss. If at any time during the term of this Lease there is damage which is an Insured Loss Landlord shall, from the proceeds of the insurancq described in Section 11, repair such damage and, if such insurance especially provides therefor, Tenant's fixtures, equipment or alterations, as soon as reasonably possible and this Lease shall continue in full- force and effect. 12.2 Tenant's Remedies. If Landlord shall be obligated to repair or restore any part of the Premises under the provisions of sub-section 12.1 and does not make a good faith attempt to commence such repair or restoration within sixty (60) days after receipt of the insurance proceeds, Tenant may thereafter at Tenant's option terminate this Lease by. giving'Landlord written notice of Tenant's election to do so at any time prior to the commencement of such repair or restoration. In such event this Lease shall terminate as of the.date of such notice 13. Caretaker"s Cottage. There is located upon the Premises a small residential structure known as the "caretaker's cottage" This structure was recently renovated using funds from the Federal Government, Department of Housing and Urban Development ("HUD"). Those funds were. given on the condition that the cottage be used for iow-income'housing and Tenant'takes the Premises subject to that condition. However, Tenant believes that that in order for it to properly manage and operate the Gardens it is necessary to convert the use of the cottage, from residential to that of a visitor's center, gift shop and/or tea house and intends to do so as soon as possible. Landlord shall make all reasonable and necessary arrangements with HUD or appropriate governmental agency to ensure, that Tenant may use the caretaker's cottage for any purpose whatever consistent with the uses permitted under this lease. Tenant shall have the right to use the caretaker's cottage for any purpose consistent with the Master Plan. Landlord shall take all reasonable steps consistent with all applicable.laws to ensure that any tenant of the caretaker's cottage has v~cated the cottage no later than six months from the execution of this lease. Tenant shall be iiable for any relocation assistance reasonablL_.r__e.~4_ire~ by HUD for the current tenant as set forth in sub-paraqraph=4.3 above. 14. Access.. 14.1 Tenant shall have full and unimpaired access to the Premises at all times. Landlord shall have the right to enter the Premises at reasonable times for the purpose of inspecting the same. . 11 14.2 Subject at .all times to Tenant's exclusive right.to use the Premises, Landlord shall have the right to use the Premises and any part thereof for municipal activities conducted from time to time by the Landlord or any of its officers, officials, boards or commissions.or committees. In the event the Landlord wishes to use part of the Premises for its occasional use it shall request such use by providing tO the Tenant not less than 10 days' written notice of the time, date and intended use of the premises. Tenant agrees to make all reasonable effort to accommodate Landlord's intended use. If the requested time and date is'not available Tenant and Landlord shall confer and reschedule the intended use at a time and date convenient for both. There shall be no fee or other charge imposed by Tenant on Landlord for such event. However, Landlord shall provide any additional staffing and provide cleanup for the event such that no additional burden is placed upon Tenant as a result of the event. 15. Default; Remedies. 15.1 Tenant's Default. The occurrence, of any of the following events shall be a material default and breach of this Lease by Tenant: 15.1.1 Failure of Tenant to pay rent or make any other payment required under this Lease, as and when due. 15.1.2 Abandonment by Tenant of the Premises'for a period of forty five (45) or more days in any ninety (90) day period. Tenant's failure to keep the Premises open and accessible to the public for such period shall be deemed abandonment and vacation; provided that Tenant shall not be required to conduct its business at the Premises while Tenant is prevented from so doing by reason of any damage, destruction or condemnation (whether such damage; destruction or condemnation is partial or complete) or.by any other reason beyond Tenant.'s control. 15.1.3 Failure by Tenant to observe and perform any other provisions of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that if such default cannot reasonably be cured within such thirty (30)-day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such .cure and thereafter diligently continue such cure to completion. 15.1.4 The making by Tenant of any general assignment for the benefit of creditors; the filing by.or against Tenant of a petition to have Tenant adjudged a debtor and have its affairs liquidated or reorganized under any law relating to bankruptcy (unless, in the.case of a petition filed against 12 Tenant, the same 'is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises, or of Tenant's interest in this Lease, where.possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within thirty (30) days. 15.2 Landlord's Remedies. In the event of any defauit by Tenant specified in section 15.1 and any of its sub-parts, Landlord shall have the following remedies. These remedies are cumulative and not exclusive. 15.2.1 Right to Possession Terminated. Landlord may terminate this Lease and Tenant's right to possession Of the Premises at any time. No act by Landlord (including acceptance of keys) other than giving written notice to Tenant shall constitute termination of this Lease before expiration of the term hereof and acceptance of surrender of the Premises. Upon termination, Tenant shall immediately surrender possession of the Premises' to Landlord. 15.2.2 Waiver of Damages for Reentry and Storing Property. Tenant hereby waives all claims for damages that may be ~aused by Landlord's re-entering and taking possession of the Premises or removing,, storing, and disposing the property of Tenant, and will hold Landlord harmless from loss, costs,' or damages.occasioned thereby, and no such re-entry shall be considered or construed to be a forcible entry. 15.2.3 Cure of Tenant Default. At any time after Tenant commits a' default under this Lease, Landlord may, but shall have no duty to, cure the default at Tenant's' cost. If Landlord at any time, by reason of Tenant's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be deemed additional rent and be due immediately from Tenant to Landlord.- Interest thereon shall accrue at the maximum rate allowed by law from the day such sum is paid by Landlord until the day such sum is paid by Tenant. 15.3 Default By Landlord: Remedies. Landlord shall be in default of this Lease if it does not perform any provision of this Lease that it is'obligated to perform within thirty (30) days after written notice thereof has been given by Tenant to Landlord. If the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, Landlord Shall not be in default of this Lease if Landlord commences performance within the thirty (30)-day period and diligently and in good faith continues the same to completion. Tenant, at any time after 13 Landlord. commits a default,. may cure the default at Landlord's cost provided that the cost of said cure does not exc'eed $5000.00. If Tenant, by reason of Landlord's default, at any time pays any sum or does any act that requires the payment of any sum, the sum paid by Tenant shall be due immediately-from Landlord to Tenant at the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate allowed by taw from the date the sum is paid by Tenant until Tenant is reimbursed by Landlord. In' addition to any other remedy, in_~he event Landlord should fail or refuse to reimburse Tenant such sum referred to immediately above Tenant shall have the right to offset such sum against any sums due Landlord by Tenant. For defaults with a cure cost in excess of $5000.00, Tenant's sole remedy shall be to require specific performance of Landlord's obligations. 16. Waivers. No waiver by Landlord or Tenant of any provision hereof' shall be deemed a waiver of any other provision hereof or of any subsequent breach by the other party of the same or any other provision. 17. Assignment and Subletting. 17.1 Landlord's Consent Required. Tenant shall not voluntarily or by operation of law assign, transfer, mortgage, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or in the Premises (the renting of 'rooms, meeting facilities, or any other part of the Premises for the conduct of events, programs, or other activities in the ordinary course of the conduct of the Gardens are not to be considered an assignment or subletting under this Lease), without Landlord's prior written consent. For purposes o'f the preceding sentence, "by operation of law" shall include transfer by testacy or intestacy, bankruptcy, assignment for the benefit of creditors, levy of a writ of attachment or execution against the Lease, or appointment of a receiver to take possession of the Premises. 18. Condemnation. As used in this Section, condemnation means the taking of the Premises, or a portion thereof, by the State Of California under the power of eminent domain, or the sale of the Premises, or a portion thereof, under the threat of the exercise of such power. If, during the term of this Lease or during the time between its execution and Commencement Date, there is any taking of the Premises, or a portion thereof, by condemnation, the rights and duties of Landlord and Tenant shall be determined by this Section-. .18.1 Total Taking. If the Premises are totally taken by condemnation, this Lease shall terminate on the date the condemning authority takes title or possession, whichever occurs first. 14 18.2 Partial Taking. If any portion of the Premises is taken by condemnation this Lease shall remain in effect, provided that Tenant can elect to terminate this Lease if the remaining portion of the Premises is not reasonably suitable for Tenant's continued use. Tenant can exercise such right to terminate effective on the date the condemning authority takes title or possession, whichever occurs first, only by giving written notice to Landlord within fifteen (15) days after Landlord has given Tenant written notice of such taking (or, in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken title or possession, whichever occurs first). If Tenant does not so elect to terminate, this-Lease shall continue in full force and effect. If there i's a partial taking of the Premises and this Lease is not terminated, Landlord shall repair any' damage to the Premises caused by the condemnation, provided that in so doing Landlord shall not be required to spend more than the condemnation award received by it. 19. Real Property Title Matters 19.1 Further Encumbrance. Neither Landlord nor Tenant may encumber the Premises. 20. Landlord's Liability. The.term "Landlord" as used herein shall mean only the owner at the time in question of the fee title of the Premises, and in the event of any transfer of such title'or interest, Landlord herein named (and in case of any subsequent transfers the grantor) shall be reli.eved, from and after the date of such transfer, of all liability as to Landlord's obligations thereafter to be performed, provided that any funds in the hands of Landlord or the then grantor at the time of such transfer, in which Tenant has an interest, shall be delivered to the grantee. The obligations contained in' this Lease to be performed by Landlord shall, subject as aforesaid, be binding on Landlord's successors and assigns, only during their respective periods of ownership[ 21. Dispute Resolution. In the event a dispute should arise concerning the terms, conditions or.performance of this agreement, or the rights of any persons under it, the parties, or the parties' heirs, beneficiaries or personal representatives, agree to meet and confer' in good faith to attempt to resolve such dispute. If such meeting should fail to resolve the dispute then'the parties, or the parties' heirs, beneficiaries or personal representatives, agree that any such dispute shall be submitted to binding arbitration under the rules of the American Arbitration Association~ The arbitration shall take place in Santa Clara County, State of California, and the decision of the arbitrator(s) shall be' final and without the right to further appeal. The decision 15 rendered by the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. At the discretion of the arbitrator(s), the prevailing party to such arbitration shall be entitled to reasonable attorney's fees in addition to any other award. 22. Notices. Any notice required or permitted to be given under this'Lease must be in writing and may be given by personal delivery, certified mail, or Express Mail, Federal Express or other such express delivery service. Notices shall be deemed communicated immediately if personally delivered. Notices shall be deemed communicated within forty-eight (48) hours from the time of mailing if mailed by. certified mail, and within twenty-four (24) hours if mailed by express delivery service, excluding Saturdays, Sundays and holidays. Any such notice shall be deemed sufficiently.given if addressed to Landlord or Tenant at the address specified below. Either party may specify a different address for notice purposes, or specify that a copy of any notice given to such party be concurrently given to another person, by giving appropriate notice to the other party. Landlord: City of Saratoga City Hall 13777 Fruitvale Avenue Saratoga, CA'95010 Attention:.City Clerk Tenant: Hakone Foundation 21000 Big Basin Way Saratoga, CA 95010 23. Head Gardener. 23.1 Landlord shall pay for the services of one full-time, master Japanese garden specialist, whose duties shall be exclusively devoted to maintaining the Gardens and who shall be an employee of Landlord. The level of compensation to be paid, and benefits to be offered, such person shall be consistent with similar positions at public gardens in the greater bay area and shall in no event be less than that offered to employees of Landlord in similar positions of responsibility and expertise. Landlord~--~ Tenant 23.2 Landlord's duty under this paragraph 23 shall be limited to payment of 100% of the compensation for the master Japanese garden specialist for the first and second years of the term of this Lease, of 83% of such compensation 16 in the third year, 67% in the fourth year, 50% in the fifth year, 33% in the sixth year, and 17% in the seventh year. Tenant shall pay the balance of such compensation in the third through seventh years, at which time such Japanese garden specialist shall become the employee of Tenant, at Tenant's discretion, and all compensation thereafter. Ail payments by Tenant to Landlord pursuant to this sub-section 23.2 shall be made in accordance with sub-section 4.4 of this Lease. 24. Governance of Hakone Foundation. 24.1 The Hakone Foundation' shall maintain its status as a non-profit foundation under Section 501(c) (3) of the Internal Revenue Code throughout the term of this Lease. 24.2 The Landlord shall be entitled to one seat on the executive committee of the Hakone Foundation. Such seat shall at the sole discretion of the Landlord be occupied by the Mayor of the City of Saratoga or a Council member selected by the Mayor. 24.3 Throughout the term of this Lease.the Tenant's Board of Trustees shall include two members of the City Council of the City of Saratoga appointed by the City Council. The Landlord Shall submit the names of the two City Council Members to the.Tenant at the address to which notices to Tenant are given. The two Council Members shall have the same rights and privileges as all other members of the Board of Trustees. 24.4 The right of the Landlord to seats on the executive committee or Board of Trustees of.the Hakone Foundation does not in any way alter the status of the Hakone Foundation as a non-profit foundation, or convert it into a City or governmental agency of any kind. Notwithstanding the foregoing, the parties acknowledge and agree that nothing in this agreement shall supersede any state law that'may apply to Landlord or Tenant, respectively, including, but. not limited to the Ralph M. Brown Act. 24.5 The by-laws of the Hakone Foundation shall require that'the Board of.Trustees be comprised of no less than fifteen (15) persons at all times during the term of this lease. Tenant shall make reasonable effort to provide that no less than one third of whom shall be residents of Saratoga 25. Miscellaneous 25.1 Hazardous substances. NO goods, merchandise or materials which are in any way explosive or hazardous shall be 17 kept, stored or sold in or upon t~e Premises and no offensive or dangerous trade, ~usiness or occupation shall be carried on therein or thereon, and no machinery or apparatus which Will in any way injure the Premises or!adjacent, buildings or gardens shall be used or operated on such Premises. 25.2 Whenever consent o~ approval of either party is required, unless otherwise stated ~bove, such consent or approval shall not be unreasonab~'y withheld· 25·3 This Lease shall bei binding on and inure to the benefit of the parties and their Successors, except as provided in section entitled "Ass.i~nment. ahd Subletting." 25·4 Ail exhibits referrled to are attached to this Lease and incorporated by reference.~ 25.5 This Lease shall be construed and interpreted in accordance with the laws of the!State of California. 'contained 25<[~6 The definitions in this Lease shall be used to interpret this Lease. 25.~.7 The.captions'and thet table of contents of this Lease shall have no effect on its ~nterpretation. 25.8 When required by th'e context of this Lease, the singular shall include the plural. 25.9 "Party" shall mean ILandlord or Tenant, and if more than one person or entity is Landlord or Tenant, the obligations imposed on that party ~hall be joint and several. 25.10 The unenforceability, invalidity, or illegality of any provision shall hot render the other provisions unenforceable, invalid, or illegal. · snal] i ~ 25.12 For each year of t~e lease, Tenant shall prepare and submit to Landlord an annual report within 90 days following the close of Tenant's fiscal year. The'annual report shall include attendance, programs~ rental, and financial data, material alterations and improvements, and other · nformat~on reasonably requested by Landlord. Tenant shall keep its books and records in accokdance with generally 18 accepted accounting principles. 25.13 Neither Landlord nor Tenant shall discriminate because of race, religion, color, sex, ancestry, disability, or national origin against any person in the management, operation or use of the Premises. 25.13 This Lease shall supersede in all respects that Lease Agreement dated April 20, 1994 by and between Landlord and Tenant for the Prem£ses. 25.14 The Management and Operations Agreement dated July 1, 1997 is hereby terminated and of no further effect. 25.15 The Trust Agreement dated December 19, 1984 and all amendments thereto is hereby terminated and of no further effect. 25.16 Tenant shall submit to Landlord no later than December 31, 2000 a copy of the strategic plan prepared by Hayes/Briscoe consultants and .as approved by the Board of Trustees of the Hakone Foundation. Date: LANDLORD City of Saratoga by: D~te: TENANT Hakone Foundation By: 19 SARATOGA CITY COUNCIL MEETING DATE: October 18, 2000 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: PREPARED BY .'~:~&q/~/~ SUBJECT: Technology Master Plan RECOMMENDED ACTION(S): Accept report and provide direction to staff. REPORT SUMMARY: Mayor Bogosian has requested that staff update the City's Technology Master Plan. A Technology Master Plan would provide the City with both short and long-range direction for its technology program, including computer hardware, software, telecommunications, e-mail, the internet, web site use, e-commerce and e-government. A Technology Master Plan was originally developed for the City in May 1996 by Wise Consulting Services. Wise Consulting produced a l l3-page document, which detailed 23 findings and recommendations, including staffing, funding, training, support, policies and procedures, security, disaster recovery, applications software, computer hardware, and communications. Now is the optimum time to update the City's Technology Master Plan. Virtually all of the recommendations made in the 1996 Master 'Plan have been implemented, so an updated plan is needed to provide staff with direction for its technology program over the next few years. Also, many new technologies in use today were in' their infancy or did not exist just four years ago, so an update is needed to keep the City's technology current and efficient. Staff recommends preparing a Request for Proposal (RFP) to solicit proposals from firms to prepare the Technology Master Plan. The firm would be selected based upon its experience with similar projects, its approach to this project, quality of staff, recommendations from prior clients, and price. FISCAL IMPACTS: $8,000 has been appropriated in the Fiscal Year 2000-01 budget. It is not clear whether this will be sufficient'to pay for the Master Plan. Upon receiving the responses to the. RFP, if it becomes apparent that additional funds will be required to prepare the Master Plan, staff will advise the City Council before proceeding. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City's technology program will develop without the benefit of a broad, unified vision. ALTERNATIVE ACTION(S): There are several alternatives to hiring a consulting firm. The City Council could convene a panel of volunteer experts to prepare the Master Plan. Saratoga is home to many citizens with superlative technical expertise, but whether the City is able to enlist volunteers with the time to produce the quality document desired is not known. A firm with experience in preparing Technology Master Plans would still be needed to provide focus to the project and to produce the document, in addition to City .staff coordinating the process and managing the volunteers. This alternative would probably take longer and be more complex than simply hiring a consultant, but would allow for community input. Another alternative would be for the Technology Master Plan to be prepared entirely in-house using existing staff. This option would not make use of the extensive technical expertise that Silicon Valley offers, but would rather be limiting the City to the knowledge of its small staff. A significant amount of the City's limited staff time would be required to do research and produce the document. This approach would also take longer than simply hiring a consultant. FOLLOW UP ACTION(S): Develop an RFP for updating the Technology Master Plan, and return to the City Council for review of the document before distributing it to consultants. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: October 18, 2000 ORIGINATING DEPT: Public Works PREPARED BY:_ ~,)~,,.,~ ..,.~% AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Pesticide Use RECOMMENDED ACTION(S): Receive Report. REPORT SUMMARY: As per your request Dave Mooney, Parks Maintenance Supervisor, put together a list of the pesticides the maintenance division uses for different purposes throughout the year. For informational purposes it may help for you to know that the City does not use category 1 pesticides (high toxicity). The majority of pesticides that are currently used (approximately 65%) are considered category 3 (Iow toxicity) pesticides with the remainder use being category 2 (moderate toxicity) pesticides. The list below categorizes the pesticides into locations where they are used, gives a brief description of their use, toxicity category, and specifies whether the application is done by City staff or by outside contractor. Parks/Ci ,ty Hall/Open Space: Round up pro; non-selective, post emerge herbicide. Surflan; non-selective, pre emerge herbicide. Fusilade; selective, post emerge grass control. Wilco gopher getter; gopher control bait. Dexol gopher gasser; gopher and ground squirrel gas cartridges. Safer Rose and Flower; contact insecticide soaP. Barricade 65WG; selective, post emerge broadleafweed control. Cat. 3 City staff. Cat. 3 City staff. Cat. 2 City staff Cat. 3 City staff Cat. 3 City staff. Cat. 3 City staff Cat. 3 Contractor. Landscaoe and Lil~htimt Assessment Zones: Round up pro; non-selective, post emerge herbicide. Gallery; non-selective, pre emerge herbicide. Surflan; non-selective, pre emerge herbicide. Orthene; Contact insecticide. Snail bait; non-selective, insecticide. Cat. 3 Contractor. Cat. 3 Contractor. Cat. 3 Contractor. Cat. 3 Contractor. Cat. 2 Contractor. Medians and Right of Ways: Daconil; Fungicide, for control of various fungi on oaks. Cat. 2 ~4stro; insecticide, for control of ambrosia beetle on heritage oaks. Cat. 3 DursbanPro; insecticide, periodic control of tern caterpillars. Cat. 3 Round up pro; non-selective, post emerge herbicide. Cat. 3 Diuron; nonselective, pre emerge herbicide. Cat. 3 Volk Oil; insecticide oil for control of scale. Cat. 3 Diazinon 4E; insecticide for control of scale. Cat. 3 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Depends on the direction of the Council, if any. ADVERTISING, NOTICING AND PUBLIC CONTACT: None additional. ATTACHMENTS: None. Contractor. Contractor. Contractor. Contractor. Contractor. Contractor. Contractor. SARATOGA CITY COUNCIL MEETING DATE: October 18, 2000 AGENDA ITEM: ORIGINATING~,~T; Ci~~ PREPARED B .~~-~'~.~'~ CITY MANAGER: DEPT HEAD: SUBJECT: Gateway Task Force RECOMMENDED ACTION: Council appoint one (1) Councilmember to act as a representative on the Gateway Task Force. REPORT SUMMARY: At the October 4, 2000, City Council Meeting, Council expressed interest in participating on the Gateway Task Force. FISCAL IMPACTS: N/A CONSEQUENCES OFNOT FOLLOWING RECOMMENDED ACTION: City Council would not be represented on the Gateway Task Force. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Notify the Gateway Task Force of the appointment ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: None